ARIZONA WAGE GARNISHMENT ATTORNEY

Debt Lawyers in Arizona that help you stop a Wage Garnishment

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.

bankruptcy timeline infographic

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.

WAGE GARNISHMENT FAQs

FREQUENTLY ASKED QUESTIONS REGARDING WAGE GARNISHMENT LAWYERS IN ARIZONA

ANSWER: 

A wage garnishment is a method of collection your creditors may use after obtaining a judgment against you. Once served, your employer will be required to automatically send a set amount of your paycheck to your creditor before disbursing it to you.

CONTACT AN EXPERIENCED ARIZONA WAGE GARNISHMENT ATTORNEY

ANSWER: 

There are only a limited number of ways you can stop a wage garnishment. You may be able to negotiate an alternate agreement with the creditor before the garnishment is in place, or you may have defenses to raise before the creditor receives a writ. Once the creditor has the right to be paid automatically from your paycheck, they have little incentive to let that go. If you can pay the entire debt balance, that will stop the garnishment. Otherwise, the only way to stop your wage garnishment is by filing bankruptcy.

CONTACT AN EXPERIENCED ARIZONA WAGE GARNISHMENT ATTORNEY

ANSWER: 

You may not be fired for having one wage garnishment. However, your employer may terminate you if you have more than one wage garnishment in a one year period.

CONTACT AN EXPERIENCED ARIZONA WAGE GARNISHMENT ATTORNEY

ANSWER: 

Once your wage garnishment has started, your only options are to pay the debt or declare bankruptcy.

CONTACT AN EXPERIENCED ARIZONA WAGE GARNISHMENT ATTORNEY

ANSWER: 

The percentage of your wages that can be garnished depends on the type of debt from which it stems. For example, your student loans can garnish up to 15% of your wages. Many types of debts, including credit cards and personal loans, are garnished at 25 percent. There are special exceptions for domestic obligations. Child support can garnish up to 50% of your wages if you have other dependents, 60% if you do not, and an additional 5% if you are more than 12 weeks behind on payments.

CONTACT AN EXPERIENCED ARIZONA WAGE GARNISHMENT ATTORNEY

ANSWER: 

Any creditor who receives a money judgment against you may then request permission from the court to garnish your wages.

CONTACT AN EXPERIENCED ARIZONA WAGE GARNISHMENT ATTORNEY

ANSWER: 

The Automatic Stay is a protection provided by bankruptcy that goes into effect once you file your petition. Also, the Automatic Stay protects you from not only wage garnishments, but also foreclosures, repossessions, and other creditor collection methods. Keep in mind, the Automatic Stay lasts until your bankruptcy is discharged or dismissed, with limited exceptions.

CONTACT AN EXPERIENCED ARIZONA WAGE GARNISHMENT ATTORNEY

ANSWER: 

The Automatic Stay benefits the person being garnished by stopping any garnishment that doesn’t originate from child support or spousal maintenance. When the associated debt is discharged, the garnishment doesn’t resume after the bankruptcy is complete.

CONTACT AN EXPERIENCED ARIZONA WAGE GARNISHMENT ATTORNEY

ANSWER: 

Just like filing Chapter 7, filing Chapter 13 will stop wage garnishments. In fact, Chapter 13 will also stop wage garnishments stemming from domestic obligations if your payment plan arranges for repayment of the entire past-due balance.

CONTACT AN EXPERIENCED ARIZONA WAGE GARNISHMENT ATTORNEY

ANSWER: 

You should always receive notice before your wages are garnished in Arizona, typically at least 5-30 days in advance.

CONTACT AN EXPERIENCED ARIZONA WAGE GARNISHMENT ATTORNEY

ANSWER: 

A wage garnishment lasts as long as it takes to pay off your balance, including interest and any fees associated with the judgment and garnishment.

CONTACT AN EXPERIENCED ARIZONA WAGE GARNISHMENT ATTORNEY

ANSWER: 

More than one creditor can garnish your wages at once, as long as the total amount being garnished doesn’t exceed 25%, except for domestic obligations.

CONTACT AN EXPERIENCED ARIZONA WAGE GARNISHMENT ATTORNEY

ANSWER: 

Your Chapter 7 bankruptcy will stop all garnishments except those stemming from domestic obligations. Your garnishment will be stopped permanently if the associated debt is discharged in your Chapter 7 bankruptcy.

CONTACT AN EXPERIENCED ARIZONA WAGE GARNISHMENT ATTORNEY

ANSWER: 

For help with your wage garnishment, contact an experienced Arizona bankruptcy attorney for the answers to your questions. They will let you know if bankruptcy is a suitable choice or you should use another method to resolve your garnishment, and guide you through your bankruptcy options.

CONTACT AN EXPERIENCED ARIZONA WAGE GARNISHMENT ATTORNEY

Contact Us