Can You Stop A Wage Garnishment?
If your family is in debt, creditors may attempt to recoup their losses by taking a portion of your wages directly from your employer. Known as a wage garnishment, this action can make it more difficult for you to afford your other bills and push you further into debt. Fortunately, if you file for bankruptcy, an automatic stay goes into effect that prevents lenders from garnishing your wages in the majority of cases. The experienced bankruptcy attorneys of Christman & Fascetta LLC can evaluate your circumstances and advise whether bankruptcy may be in your best interest.
When Can Your Wages Be Garnished?
While bankruptcy is able to halt the bulk of wage garnishments, priority debts can continue to collect from your wages. Priority debts include:
- Child support
- Criminal fines
- Personal injury or death fines
- Overpayment of government benefits
- Select taxes
However, nondischargable debts that are nonpriority, including student loans, cannot continue to garnish your wages once an automatic stay goes into effect.
Typically, wage garnishments are capped at 25 percent of an individual’s disposable income; however, wage garnishment laws vary between Maryland counties. We can explain how the laws impact your family given your location and specific situation.
How Do You Know If Your Wages Are Garnered?
In order to garner your wages, the lender typically must petition the court. This is not the case for child support, student loans or unpaid taxes. You will receive a notification of the proceedings and are able to contest the action. If you receive a notice, our skilled attorneys can fight against the impending garnishment and help you explore options to manage your debt.
Contact Us To Learn Your Options
If your family is considering bankruptcy, call Christman & Fascetta LLC at . You can also contact our Towson firm online. Our lawyers can analyze your situation and provide customized recommendations for success. In addition to bankruptcy, we can evaluate whether you may be able to block wage garnishment by filing an exemption claim.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.