If you have a wage garnishment, there is no reason for you to lose 25% of your pay.
Stop wage garnishment immediately! We offer ZERO DOWN TO FILE! Call 901-327-2100 to see if you qualify.
Hi, I’m Darrell Castle and I’m an attorney licensed to practice law in the state of Tennessee and the answer is YES, bankruptcy can stop a wage garnishment before it starts.
What do I mean by that? Well I mean that once you have a debt that you cannot pay, that creditor is going to eventually file a lawsuit against you. He has to do that. He has to reduce his debt to judgement. A judgement means there has to be a hearing which you had the opportunity to come to. It’s a hearing where the judge gives that creditor legal permission to collect his debt by different means.
Rather than just asking you for the money or demanding you pay the money, he can use the legal system to collect his money. He can send that judgement to your employer, and your employer — here in my district in Tennessee — is required to take 25% of your net pay and send it to this creditor.
What does “net pay” mean? Well that is pay that results after your employer deducts all of the legal deductions. These are deductions that he — by law — is required to take out. Like taxes and things like that. The creditor gets 25% of what’s left here in Tennessee.
So you can file bankruptcy anywhere along that chain of happening. You could file it before the creditor files suit against you. You could file it after the creditor files suit but BEFORE the suit is heard. That’s the ideal time to do it. Or you could file it before the suit is heard but BEFORE the creditor has been able to send the garnishment to your employer.
All of those things would stop it before your employer got the notice. But once he gets the notice, unless he receives a stop or a stay before he takes the money. He’s required by law to take out the money. If he doesn’t, then he’s liable for it.
You can stop all of that folks. There’s no reason for your employer to see that wage garnishment and start taking it out of your pay. You can stop that through bankruptcy anytime.
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If you’re struggling financially and want to talk to someone experienced about your options, then our free consultation is perfect for you. Call (901) 327-2100 today or fill out the form to the right of this page to have someone from our office contact you!