Diligent and Compassionate Guidance in Surprise, AZ
No one wants to owe a debt they cannot pay. If you could pay your obligations, you would. Unfortunately, creditors will do whatever it takes to collect and have the ability to secure judgments against you. This can result in your wages being garnished, leaving you with even fewer financial options and limiting your ability to pay basic expenses.
At The Law Office of Larry P. Karandreas, we are compassionate to the difficulties you face when you are unable to keep up with your bills. As a Glendale wage garnishment lawyer, I can help you identify and implement debt relief solutions that can facilitate the fresh financial start you need and deserve. I can also work to stop and eliminate existing garnishments through bankruptcy.
When you fall seriously behind on a debt, your lender may eventually send the debt to a collection agency. This agency makes it its mission to collect the debt using every tool available. They may resort to numerous tactics, including creditor harassment, to compel you to pay.
If a lender or collection agency becomes convinced you will not or cannot pay a delinquent debt, they may choose to file a lawsuit against you and seek a judgment. To do so, they will need to serve you with a formal notice that they are pursuing legal action against you.
If you receive a notice threatening legal action, you should immediately contact professional legal representation to discuss your options. You have debtors’ rights in these situations and can request that the creditor provide proof that you owe the debt. If a creditor violated any provision of the Fair Debt Collection Practices Act, you may be able to separately file a lawsuit and recover certain damages.
If you do legitimately owe the debt, chances are your creditor will be able to secure a judgment against you, opening the door to wage garnishment. This means the creditor will be able to seize a portion of your paycheck to collect on the debt until your obligation is paid. Your employer is obligated to comply with a court-ordered wage garnishment and will withhold the designated portion of your paycheck.
If you are already subject to one or more garnishments, you should contact a skilled Glendale wage garnishment attorney to explore your options as quickly as possible. I can immediately begin reviewing your options for securing relief, including bankruptcy.
How Bankruptcy Can Stop Wage Garnishments
Ideally, you can avoid wage garnishments before they take effect by engaging a legal professional when you receive threats of legal action. Once the situation has escalated and a wage garnishment is in place, it can be extremely difficult to remove.
Wage garnishments will generally only stop if:
- The underlying debt is settled
- The debtor files for bankruptcy
Filing for bankruptcy can put an immediate stop to all imminent and ongoing wage garnishments. As soon as you file, the court will issue an “automatic stay” that stops all forms of collection, including repossession, wage garnishment, and foreclosure, for the remainder of your case.
What Is Protected from Wage Garnishment?
You still have legal rights when you have delinquent debts. Wage garnishments have legal limits that must be honored, no matter how much you owe.
Only a certain amount of your paycheck can be withheld in a wage garnishment. This allows the debtor to have some income to live on. In the state of Arizona, up to 25% of your paycheck – after qualifying deductions – can be garnished. If you can demonstrate undue hardship, you may be able to reduce the maximum garnishment to 15%.
Wage garnishments cannot touch qualifying deductions that must be paid to an employee by law, including:
- Federal, state, and local taxes
- Unemployment insurance
- State employee retirement system payments
- Social Security payments
There are other non-qualifying deductions that wage garnishments can impact. These deductions, which can include health insurance, union dues, child support, and alimony, can be garnished, even with an automatic stay in place.
We were very fortunate to have found Mr. Larry KarandreasJ.R.
A Bankruptcy Lawyer Who Cares
With an over 90% success rate, Attorney Larry Karandreas takes your case seriously. He personally handles all client correspondence, never overbooks his schedule, and makes sure every client receives his full attention.
Limited Caseload to Ensure Personalized Attention
Attorney Karandreas ensures that his caseload is not overloaded in order to provide top-quality care and attention to each of his clients.
Little to No Money Down on Bankruptcy Filings
We offer as low as $0 down on Ch. 13 filings and as low as $700 on Ch. 7 filings for qualifying cases.
Wage Garnishments After Bankruptcy
The bankruptcy process aims to give you the opportunity to reorganize your finances and obtain a fresh financial start. Successful filings of either Chapter 7 or Chapter 13 bankruptcy will enable you to discharge unsecured debts, including credit card debt, medical debt, and unpaid utility bills.
If the underlying obligation for your wage garnishment is discharged as part of the bankruptcy process, your creditors will no longer be able to garnish your wage or attempt to collect on the debt. If your bankruptcy case is dismissed without a discharge, a creditor can resume garnishing your paycheck. Creditors can also resume garnishments for debts that cannot be discharged in bankruptcy once your filing has concluded. However, because you are able to discharge other types of debt, you may be able to redirect funds to the debt causing the garnishment.
The Law Office of Larry P. Karandreas aims to successfully resolve numerous types of financial problems, including delinquent debts. As an experienced Glendale wage garnishment lawyer, I can determine if bankruptcy makes sense for your situation and how filing can benefit you.