Bankruptcy and Wage Garnishment

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Many times I have consulted with a client regarding a Chapter 7 bankruptcy, and when reviewing their pay stubs, I ask what is this? The answer: a creditor garnishing their wages.

I follow that up with why are you paying for this, which is 25% of your paycheck, when you were planning to file for bankruptcy. Nine out of ten times my clients will reply that they were told by the creditor they cannot include the debt in bankruptcy because they have a judgment.

That is 100 percent false!

Thus, clients were intending to pay off the judgment, then file for bankruptcy.

First and foremost, a creditor is not there to help you in any way, shape or form. Fact is they lie constantly to debtors about issues such as this.

Whether a creditor has a judgment or not, is not relevant. Even with a wage garnishment, you can proceed to file for bankruptcy and wipe out the balance of that debt and begin to take the steps towards a “fresh start.”

Remember, a wage garnishment is based on a court order signed in county or state court and bankruptcy is federal, which in the hierarchy of our court system, federal court is at the top of the pecking order.

When you file for bankruptcy, the county or state court case ceases, including the garnishment, until your bankruptcy case is closed. At that point the garnishment case will be dismissed.

If you have received notice of a wage deduction order or wage garnishment, do not hesitate. Contact attorney Alex Hernandez for your free initial consultation.

Attorney Alex Hernandez

Representing clients in the areas of Chapter 7 Bankruptcy, Family Law/Divorce, and car and motorcycle accidents for 20 years. (904) 712-5565 or (305)-688-LAWS (5297). *Se Habla Español

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