Janssen Law, PLC

Bankruptcy could be the tool you use to stop wage garnishment

Dealing with debt is an unpleasant experience in many ways, and it can have a negative toll on multiple areas of your life. One of the ways that you may experience the effects of a significant amount of debt is through wage garnishment. This happens when a portion of your wages does not go to you, but goes to creditors.

It may feel like an affront and a violation of your rights, but it is possible to make it stop. By filing for bankruptcy, you can not only make the wage garnishment process stop, you can pursue a better financial future while confronting your debt. If you are not able to take home your full pay check because of garnishment, you do not have to put up with it anymore.

How does the process work?

While creditors do have the right to seek to collect on owed balances, there are limits to what they can do. In order to initiate the garnishment process, a creditor must first schedule a hearing during which they seek permission to take a portion of the debtor's earned wages.

If the creditor is able to convince the court, an order will go to the Iowa employer regarding cutting out a portion of the wages. The garnishment of the wages could last as long as the debtor owes money to the creditor.

Garnishment for specific debts

Not every debt may be payable through garnishment. Creditors may initiate this process if you owe the following types of debt:

  • Student loans
  • Back taxes
  • Personal loans
  • Child support
  • Judgments that result from court cases

It is extremely frustrating to learn that you will not get a portion of the wages that you earned. However, there are limits to the amount that a creditor can take from your wages. Additionally, your employer cannot fire you simply because you are dealing with wage garnishment at this time.

Your better financial future

Bankruptcy is probably not your first choice, but it could be the optimal choice for your unique situation. By filing for bankruptcy, the automatic stay will go into effect, which will halt creditor actions against you.

If you are not receiving your full amount of wages because of debt and wage garnishment, there is a way out. Debt does not have to control your life, but bankruptcy could offer you a way to confront this issue, deal with debt and build a stronger financial future.

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