Wage Garnishment Lawyer in AZ

One of the top reasons that people in Arizona seek out our bankruptcy attorneys is because their wages are being garnished. Therefore, when your debt gets out of control, you may receive a legal document known as a summons.  Thus, you must either respond to the summons or appear in court to defend yourself. If not, or you are unsuccessful, the creditor who served the summons on you will receive a money judgment against you.

Next, once the creditor has a money judgment, they can pursue a writ of garnishment through the courts. Plus, once your employer has been served with the wage garnishment, they are legally required to remit a standard percentage of your paycheck to your creditor.  If you are facing a wage garnishment in Arizona, make sure to contact our Arizona wage garnishment attorneys.

In a perfect world, your wage garnishment would never get past the summons phase. Whenever possible, you should contact a bankruptcy attorney before your creditor has obtained a writ to garnish your wages.  Contacting a debt relief expert will ensure you have the maximum amount of options available to address the impending garnishment. The longer you wait, the harder it will be to fight the garnishment, and the more your creditor will receive out of your paychecks.

One of the strongest ways to fight a wage garnishment in Phoenix, Arizona is by filing bankruptcy. Once your petition is filed, your creditors are prohibited from a number of actions, including garnishing your wages. Therefore, your garnishment may be paused for the duration of your bankruptcy, or eliminated altogether.

Should I get an Arizona Wage Garnishment Attorney if my wages are being garnished?

A wage garnishment has the potential to dig you deeper and deeper into a hole of debt. Depending on the type of debt in question, your wages may be garnished anywhere between 15 and 65 percent. Losing a significant amount of income for an extended period of time can result in incurring additional debts just to maintain a basic standard of living. The negative impact on your credit can also result in unfavorable loan terms, costing you far more in the long run.

You don’t need to simply accept your situation if your wages are being garnished. An attorney may be able to prove you don’t owe the amount alleged to be owed, or that you don’t owe anything at all. An attorney also may be able to negotiate an alternative pay arrangement, allowing you to escape the threat of wage garnishment. Otherwise, bankruptcy may be your best option to address a wage garnishment.

If you are filing bankruptcy to stop a wage garnishment, it’s vital that your case is filed correctly and accurately so that your case isn’t dismissed, letting the garnishment resume. Bankruptcy can be a complicated area of law with nuances that only an experienced attorney can navigate. Skilled guidance throughout the wage garnishment and bankruptcy processes will be well worth the cost.

Fighting a Wage Garnishment in AZ

Once your creditors begin pursuing your debts in court, you know it’s time to take action. Some steps can only be taken in the few days after a money judgment is ordered, or before the writ of garnishment is served on your employer. If you don’t act quickly, paying the balance and filing bankruptcy will be the only options available to you.

Filing bankruptcy triggers the automatic stay, which will stop any garnishment that doesn’t originate from a domestic obligation like child support and alimony. Garnishments that come from debts like credit cards, repossession deficiencies, and unpaid medical bills will be stopped by both Chapter 7 bankruptcy and Chapter 13 bankruptcy.

A wage garnishment for past due child support won’t be stopped by Chapter 7, but can be stopped by a Chapter 13 bankruptcy that arranges for full repayment of arrearages. The automatic stay will protect you until your case is discharged or dismissed, unless your creditor succeeds in a Motion for Relief from the Automatic Stay or your case is subject to an exploding stay. Additionally, the stay also prevents foreclosures, repossessions, utility shutoffs, and more.

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What can be done if there is Garnishment Against me in AZ?

If you don’t raise any timely defenses, your options are limited once a garnishment against you is in place in Arizona. Once you have gotten to the point where your creditors are pursuing wage garnishments, you likely don’t have the funds to pay off the garnishment debt altogether. That is the only way to stop an active wage garnishment other than bankruptcy.

Even if you can’t get the garnishment eliminated, you may succeed in a petition to the court to reduce the amount garnished from your paycheck. To do so, you will need to prove that the garnishment causes you a substantial hardship, and that you can’t maintain a minimal standard of living with the garnishment in place. The lowest your garnishment can be reduced to is 15 percent.

Using an Arizona Garnishment Attorney to stop your Wage Garnishment

A wage garnishment is a serious issue, and one that should be handled with knowledge and expertise. With you and your family’s financial stability and overall well-being on the line, the least you can do is schedule a free consultation with an Arizona garnishment attorney to discuss your options.

The different chapters of bankruptcy may benefit you in different ways depending on the types of debt you have. Not only can an attorney help you determine which chapter would be more advantageous for your situation, but also to confirm that you qualify for your preferred chapter. Once retained, your bankruptcy lawyer can take all of your creditor calls, and help you draft and file a full and accurate bankruptcy petition.

Paying for an attorney while your wages are being garnished may seem like a daunting task. However, our attorneys offer affordable payment plan options that allow you to pay for your legal representation after the garnishment has been halted. Your savings will be considerable, and you will be able to start taking steps to rebuild your credit. To learn more about your options in facing a wage garnishment as well as our affordable pricing and payment plan options, call today to schedule your free consultation.