Wage Garnishment Lawyers in Westchester County
How Can You Stop Wage Garnishment?
If you are already struggling with debt or are having trouble making your mortgage payments, having money taken directly out of your paycheck can be devastating. An attorney at our law offices can help in the face of wage garnishment. If your wages are being garnished and you would like to find out how you can keep your hard-earned money, our lawyer can discuss your rights and options with you during a confidential consultation.
What Is a Wage Garnishment?
In situations where you have fallen seriously behind on your bills or have defaulted on certain financial obligations, you may be at risk of having a creditor or debt collection agency seek a judgment against you to garnish your wages.
After a successful wage garnishment judgment against you, you would no longer receive your entire paycheck. Your employer would instead pay a portion of it directly to the creditor or debt collector as a means of fulfilling your obligation to the creditor. In some cases, a creditor may seek to levy funds from your bank account.
In New York, a creditor is able to take either 10% or your gross wages or 25% of your disposable income to the extent that this amount exceeds 30% of minimum wage. Our attorneys can help you find relief from wage garnishment by evaluating your situation.
Can Bankruptcy Stop a Wage Garnishment?
Filing for bankruptcy may be able to prevent or stop a wage garnishment. Filing for bankruptcy automatically imposes the "automatic stay." The automatic stay is a court order for all debt collection efforts against you to cease.
In addition to wage garnishments, the automatic stay stops:
Can Filing Bankruptcy Stop IRS Wage Garnishment?
Filing for bankruptcy may help stop the IRS from garnishing your paychecks, but the debt will still be there. This is only a temporary solution — the IRS may stop from garnishing your paycheck because of the automatic stay, but you will still need to pay back your tax debt.
If you file Chapter 13 bankruptcy, you will likely make monthly payments instead of being garnished. If you file Chapter 7 bankruptcy, your debts will be discharged, but some tax debt may not. It is important to consult with our wage garnishment attorneys in Westchester County to find the right solution for you!
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Making sure that your legal rights are protected in the face of wrongful wage garnishment is important, as is considering your options in filing for bankruptcy or seeking an alternative to prevent or stop wage garnishment. Our legal team is experienced in handling these matters and can offer you a confidential case review to see how we can assist you.
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