Wage Garnishment
Wage Garnishment Attorneys in Scottsdale, Arizona
FAQs ABOUT WAGE GARNISHMENT IN SCOTTSDALE, ARIZONA
ArizonaWage Garnishment Attorney – Frequently Asked Questions
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A wage garnishment is when your creditor is automatically sent money out of your paycheck to settle your debt to them. Your employer will be required by law to comply with the wage garnishment. A standard wage garnishment is 25% of your wages, but can be decreased to as low as 15% if you can show a good reason why it should be lowered in court. The garnishment will continue until your debt, usually with added legal fees and interest, has been paid.
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Before your creditor obtains a judgment against you, you may be able to work out a payment plan that doesn’t involve wage garnishment. If you can pay the debt in full, this will stop the garnishment before it begins. However, many facing a wage garnishment don’t have the ability to pay the debt in full. Filing bankruptcy will stop a garnishment in its tracks, and also erase other debts the filer is facing.
ANSWER:
The bankruptcy will stop garnishment on current pay periods, meaning that your payroll department hasn’t already processed your paychecks. Keep in mind that this date is usually a few days before you receive your paycheck. You will need to provide your employer with your bankruptcy case number as proof that your creditor no longer has the right to garnish your wages.
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You will still need to meet the requirements and complete the procedure of a preference action to have garnished wages returned to you. The reason the funds can be returned if you complete a preference action is that it technically isn’t fair to the rest of your creditors for only one of them to receive any repayment when you discharge your debts in a bankruptcy.
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Yes. Your employer would have no reason to send a third party any portion of your wages without a valid court order.
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Any debt can result in a wage garnishment, including a debt to your bank. However, your bank is more likely to garnish your bank account directly as opposed to garnishing your wages.
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Because being a 1099 employee means you are technically self-employed, your employer will not be required to send a creditor your wages, even if they have a valid money judgment against you. If this is the case, your creditor will likely use a one-time money seizure or bank account garnishment to collect on your debt.
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You can stop a wage garnishment once it has begun either by paying it in full or by filing for bankruptcy. When you file bankruptcy, the Automatic Stay of protection will be activated, which stops garnishment on all types of debts. The stay will be effective until your bankruptcy is discharged or dismissed. Your creditor will not have incentive to work out an alternative payment plan with you once they have an order to garnish your wages, unless the amount you agree to pay them is more than 25% of your wages.
Filing Bankruptcy and Wage Garnishment
A wage garnishment attorney in Scottsdale, Arizona should be contacted right away if you are looking at potential wage garnishment or if money is already being taken from your paycheck to satisfy a judgement that one of your creditors has secured against you. If you have been sacked with a wage garnishment, it can make it impossible to pay even essential living expenses. If this is your case, it is imperative that you have an experienced Scottsdale wage garnishment attorney by your side to assist in making sure your rights are being safeguarded. The Scottsdale bankruptcy law office of My AZ Lawyers, PLLC will fight for to minimize the affects of wage garnishment in Scottsdale, Arizona.
With the poor state of the economy today, many people are having to work longer hours or are taking on a 2nd job in order to earn enough money to make ends meet. It is truly frustrating when all of your hard work and extra wages go straight to a creditor who has a judgement against you. In many instances, creditors who receive judgment against you can have your wages garnished, which means your full paycheck will not even reach your bank account but instead part of it will go straight to the creditors. Take action today and visit with one of our Scottsdale debt relief experts, find out how we can help you with your wage garnishment problems.
Scottsdale Wage Garnishment Lawyers
Stop Wage Garnishment
The most commonly known form of garnishing comes in the form of wages being garnished by the government to recover back taxes that you owe. A common myth regarding garnishments is that many people believe tax garnishments by the government are the only form of garnishing that can occur, but this is not the case. Anyone to whom you owe money has the option to implement garnishing if they have a judgement (won a lawsuit) against you regarding the amount owed.
The wage garnishment law offices of My AZ Lawyers, PLLC have extensive experience in protecting people in Tempe, Scottsdale, and throughout Maricopa County, in Arizona from garnishing and wage garnishments. As soon as you file for bankruptcy, creditors must desist in their attempts to collect any monies owed and this includes any existing garnishing arrangement. Filing bankruptcy will stop wage garnishments. Therefore, it is not too late even if you are currently having your wages garnished. Whatever your situation, our experienced attorneys can help you determine your best course of action to protect your income and savings while getting yourself in to a more stable financial state.
If you are affected by garnishing or have debts you can’t pay which may lead to a wage garnishment, please contact the wage garnishment lawyers at My AZ Lawyers, PLLC we offer free consultations. Call (480) 833-8000 today.
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