Wage Garnishment

infographic: 3 steps to stop a wage garnishmetn

Why it is important to immediately stop a wage garnishment

Usually, a wage garnishment is only one part of a person’s financial crisis. Potentially one may be facing possible home foreclosure, vehicle repossession, liens on property, and missing necessary monthly bill payments. A wage garnishment can be devastating to anyone with debt and an already bleak financial situation. Literally, a paycheck could reflect up to 25% less money to pay bills if wages are garnished.

Bankruptcy may seem intimidating, but it is a reasonable and accessible option to solve financial issues faced by Nevada residents such as wage garnishment. Allow an experienced wage garnishment attorney at Nevada Zero Down Bankruptcy to advise you as to how to stop a garnishment immediately. Consult with an attorney about other benefits of filing bankruptcy per your specific debt needs and financial goals.

Finally, so many of our clients do try to avoid bankruptcy and work very hard to take control of their debt. When legal action affects the amount of your paycheck, it becomes even more difficult to make ends meet. In order not to let a creditor take part of your earnings with a wage garnishment, contact Nevada Zero Down Bankruptcy law firm and schedule a free consultation and debt evaluation with an experienced Nevada bankruptcy law attorney.

Wage Garnishment Lawyer in Nevada

Creditors in Nevada, per the debt collection process,  have the right to garnish wages of those who do not fulfill the obligations of debt. In other words, if you owe a person or a lender or bank money, they can bring a lawsuit and obtain a court judgment against you.

When a judgement is obtained, refusing to pay the judgement allows the judgement creditor to then start a process of wage garnishment. In Nevada, there are few ways to put a stop to a garnishment. A person could argue that income is exempt or a wage garnishment would result in extreme hardship. Occasionally these arguments are successful, but another option is to file for bankruptcy which would immediately stop a garnishment in place automatically.

Before garnishing wages, a creditor must get a judgement against an individual. This, unfortunately, puts an even greater burden financially on anyone already in a debt financial situation.

Nevada Zero Down Bankruptcy attorneys have helped Nevada residents stop wage garnishments, and help eliminate or reduce debt. Our legal team is committed to working with clients to obtain debt relief. If a creditor has a judgement against you or a wage garnishment is looming, call our law firm and discuss your specific case with an attorney.

Wage Garnishment Attorney in Nevada

Nevada Zero Down Bankruptcy Wage Garnishment Attorney can Stop Your Wage Garnishment

Declaring bankruptcy can put a stop to a wage garnishment and terminates most law suits. If you are in Nevada and have received notice that a creditor is going to take money from your paycheck due to debt, our law firm can stop that garnishment immediately.

Filing bankruptcy puts an end to garnishments and judgements. Also, once an Nevada Zero Down Bankruptcy lawyer files a bankruptcy petition, a creditor may no longer file a wage garnishment if they have not done so yet.

Bankruptcy protection: Automatic Stay

Bankruptcy triggers the automatic stay protection

Both Chapter 7 and Chapter 13 bankruptcy filings trigger the automatic stay. This action stops creditors from any collection activity, including wage garnishment. A debtor, during the automatic stay, can take time to reorganize debt and look for reasonable solutions through Chapter 7 or Chapter 13 debt relief. Many individuals in Nevada file bankruptcy to allow them to get finances back on track. Because the wage garnishments and collections will cease, the bankruptcy filer has a full paycheck to work with going forward.

Upon filing bankruptcy, according to the automatic stay provision of the Nevada bankruptcy code, a creditor must immediately cease-and-desist from: 

  • Pursuing a wage garnishment, filing a wage garnishment, or continuing an existing wage garnishment
  • Initiating a lawsuit
  • Continuing to pursue an existing lawsuit
  • Placing a lien against a home or other property
  • Attempting to collect any debt (no more harassing phone calls or correspondence regarding the debt)

WAGE GARNISHMENT FAQS

ANSWER: 

The garnishment will continue until your debt has been paid off. This means it could be weeks, months, or even years. Your creditor will also likely add legal fees and interest, causing the garnishment to last even longer.

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ANSWER: 

Your wages can definitely be garnished for past-due familial obligations like child and spousal support. If you file bankruptcy to stop a garnishment, know that these debts are non-dischargeable. This means that garnishment will resume once your case has closed. It should be noted that the 25% maximum doesn’t apply to child support, and a child support garnishment can be as high as 60%.

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ANSWER: 

Yes. Like child and spousal support, student loans aren’t dischargeable. If you file bankruptcy to stop a student loan garnishment, it will resume after your case is discharged or dismissed.

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ANSWER: 

Your employer will know that your wages are being garnished as they are the ones who have to withhold part of your paycheck. No one else will be notified about your wage garnishment.

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ANSWER: 

You employer can’t legally fire you for the first wage garnishment order they receive. However, they aren’t legally barred from terminating you for subsequent wage garnishments.

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ANSWER: 

Bankruptcy only permanently stops garnishments on dischargeable debts, like credit cards, and personal loans. You will have to obtain a successful discharge for the garnishment to be stopped permanently. Non-dischargeable debts like student loans and familial obligations will resume garnishment when your case is discharged or dismissed: 3-6 months for a Chapter 7, and 3-5 years for a Chapter 13.

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ANSWER: 

Your wage garnishment will follow you to your next job. Unless you want to start working for yourself, you will be garnished at your next job as well. It is better to get to the root of the problem, which is the judgment the garnishment is based on. Even if you avoid wage garnishment, your creditors may eventually pursue other means of collection.

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Legal Wage Garnishments in Nevada

Legal assistance to  Stop a Garnishment

Many times Nevada residents don’t even realize that either a judgement has been put in place against them. We have helped clients with some nightmare scenarios resulting from a garnishment. For example, checking a bank account balance and finding that a paycheck has been garnished, and money they were counting on is not there. Or, instead of a full check amount, you find you you have been paid 1/4 less than your typical wage. If you do find yourself in a scary situation regarding wage garnishment, contact Nevada Zero Down Bankruptcy right away.

You can take control over your financial situation.

Once established, legal garnishment allows creditors to remove money from your account. A legal garnishment will be attached to each paycheck until the judgement is satisfied. Obviously a powerful tool used by creditors to collect debt from those who owe money, wage garnishment is a very serious legal matter. Call Nevada Zero Down Bankruptcy law firm for assistance.

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