Michigan Stop Wage Garnishment Attorney
Detroit Chapter 7 Bankruptcy Lawyer
Detroit Lawyers Committed to Helping You Put a Stop to Wage Garnishment
If you are overwhelmed by debt and unable to make payments to your creditors, you are at risk of having your wages garnished. For people already struggling with their finances, having a portion of their paychecks taken away can be utterly devastating.
If your wages are being garnished, you don't have to sit still and let it happen. At the law firm of Charles J. Schneider, P.C., we assist Detroit area clients with keeping their hard-earned money. By filing for Chapter 7 bankruptcy or Chapter 13 bankruptcy, your troubles with garnished wages may soon come to an end.
Filing for Bankruptcy Can Put an End to Garnished Wages
If you are unable to pay credit card bills, a car loan, or hospital bills, your creditors can petition the courts to have your wages garnished. Up to 25% of your paycheck could suddenly disappear — taken without your permission to pay down your debts. Filing for bankruptcy may be your best line of defense.
As soon as a bankruptcy case is filed, the Bankruptcy Court issues an order called an automatic stay. The automatic stay prohibits creditors from garnishing or levying any of your assets, including wages and income tax refunds.
The Charles J. Schneider Difference
The intent of the bankruptcy court is for the automatic stay to take effect immediately. However, this is not always the case. Notice may not reach creditors until two weeks after the case has been filed. The process of physically stopping the garnishment may take even longer. However, if any money is garnished from wages earned after the filing of a bankruptcy case, it must be returned to you.
What distinguishes our office from others is that we hasten the notification process to your garnishing creditors by sending notice as soon as a case is filed. The creditor must then file a release of the garnishment with the court where it was filed and notify the employer. The employer must recognize the release of garnishment and cease the withholding of wages.
If you have questions regarding wage garnishment and the possibility of filing for bankruptcy, contact our office at 734-237-1523 to schedule a free initial consultation.