Wage GarnishmentWe are a bilingual firm passionate about helping our clients.
Cumming, GA Wage Garnishment Lawyer
Serving North Georgia and the Greater Atlanta Area
If you are having trouble paying your bills, having your wages garnished can make matters even worse. Wage garnishment occurs in stages and the sooner you take action to stop the process, the sooner you will have peace of mind knowing that your paycheck or bank account is safe. The fastest way to stop garnishment is by filing for bankruptcy. Whether you file for a Chapter 7 or a Chapter 13 bankruptcy, once your case is filed, the court will issue an “automatic stay” that stops creditors from taking any further actions against you to recover a debt. This applies to credit card debt, car loans, personal loans, medical debt, and more. These creditors can then only deal with your bankruptcy attorney or the court but can no longer bother you.
At The McCormick Firm P.C., we have helped hundreds of Georgians stop garnishment and other collection actions through the right debt relief or bankruptcy plan for them. With 10 years of experience successfully handling bankruptcies in the local courts, we have a deep understanding of the process and what is necessary to reduce or eliminate unsecured debt as well as to save your wages and your assets. We strongly recommend that you contact our Cumming, GA wage garnishment attorney to discuss your situation and best options as soon as possible.
Wage Garnishment in Georgia
In many cases, a creditor is not able to just inform your employer that you owe them money and that your wages should be garnished. These creditors must first obtain a judgment from the court stating that they are owed the money. The process starts with you being served court papers by your creditor notifying you that you are being sued for the debt you owe them.
If you wish to dispute the claim, you will have to respond and go to court with a defense showing why you do not owe the claimed debt. If you fail to dispute it, the creditor will win by default. After this, the court will notify your employer of the wage garnishment, giving your employer 45 days to begin the deductions from your paycheck. When those deductions start, they are sent to the court that ordered them and afterwards forwarded on to your creditor. This continues until your debt is paid.
The amount that can be garnished under federal law consists of whatever is lower in the following two scenarios:
- 25 percent of your net income also known as “disposable” income or
- That portion of your earnings in excess of 30 times the minimum wage
Garnishments by Government Entities
Some creditors can garnish your wages without going to court to first gain the money judgment. These creditors include those behind government student loans, back taxes, or child support or alimony arrears. That is because government agencies have the right and ability to issue their own orders for garnishment.
The amounts for garnishment of these kinds of debts will vary, depending on the type of debt that is involved. For example, federal student loan debts can deduct up to 15 percent of your wages. However, you are still protected to an income that equals 30 times the weekly minimum wage.
Stopping Wage Garnishment
As mentioned above, the quickest way to halt wage garnishment is by filing for bankruptcy. You also may be able to negotiate a lower payment with the agency to whom you are in debt. Your first step is to consult with our experienced attorney to determine the best option for your specific situation.
Why Hire the McCormick Firm P.C.?
Our seasoned team will always protect your rights while using our large pool of resources and experience to help save your assets. Often mortgage companies and banks will try to violate your rights in an effort to take all that they can from you, which is why you need an aggressive bankruptcy law firm that has years of experience in dealing with the complexities of debtor and creditor law.
You will have peace of mind knowing that we are on your side throughout the debt relief or bankruptcy process. The McCormick Law Firm always takes the time to explain to new clients how bankruptcy works, and will always advise you on the best course of action to take based on your situation. We will dispel any myths that you may have about filing for Chapter 7 or Chapter 13 bankruptcy, and present you with facts and information that will help you decide on the best course of action to take.
What Happens to My Credit?Bankruptcy can damage your credit and subsequently your credit score. We all know that credit scores play a large part in our lives and have for some time, as they help determine how much we pay for our cars, houses and more. However, if your score has already been damaged, bankruptcy can be a great first step to rebuilding your credit.
How Will I Pay My Bills Going Forward?
The key to paying your bills in addition to getting the most out of your bankruptcy case is to form a stringent budget that you can follow reasonably. If you have filed for Chapter 13 bankruptcy, you need to have a budget to make sure that you are taking care of all of your required payments. If you file for Chapter 7 you will have your debts discharged, but only those debts that you had before the petition for Chapter 7 was filed. You will need a budget if you file for Chapter 7 to make sure that you won’t have to file again in the future. You should be able to consult with your Cumming Georgia bankruptcy attorney on this matter.
Will I Lose My Job if I File for Bankruptcy?
Filing for bankruptcy is information that the public can view. However, this information is not published in any newspapers or distributed at any stores. The only people that will know that you filed for bankruptcy is the trustee in your case, your creditors, and the people that you choose to tell. If your employer finds out about your case, it should not adversely affect your position or job. This may not be true if you work within the financial industry.