Garnishments and Bankruptcy
Where should I go to stop a wage garnishment (court ordered garnishment)?
Arthur Ray of Arthur Ray Law Offices is a Memphis lawyer who has been practicing law for over 40 years. He can assist you in stopping a wage garnishment.
What is a judgment and wage garnishment (court order garnishment)?
In most instances, where you may be concerned, a judgment is an order of a court, as a result of a lawsuit that has been filed against you, where the plaintiff has won a certain amount which can be collected from you. Most often in Shelby County, the judgment is obtained in the General Session Court. Once a judgment against you has been obtained, the court can issue a garnishment against your wages for the amount that you owe.
How can you stop wage garnishment (court ordered garnishment)?
Filing for bankruptcy will, in most cases, stop your wages from being garnished.
How fast can a bankruptcy stop your wage garnishment?
Many are hurrying to file because they were just recently notified by their payroll department that they have garnishment against their wages. In most cases if you come into Arthur Ray Law Offices you can file a Chapter 13 bankruptcy payment plan or Chapter 7 bankruptcy liquidation within a few hours after coming in. Once you have filed for bankruptcy, your payroll department will be notified and your wage garnishment should be stopped. In addition, we will prepare a plea in bankruptcy to be filed in your court case notifying the court not to issue any further wage garnishments.
Why should I just not let the garnishment continue and pay off the debt?
Something that many people are not aware of, is that not all of what is taken from your payroll check will go to reduce the amount you owe as a result of the judgment. Some of the amount taken from your check will go to fees and costs.
In a bankruptcy how much will I have to pay on the debt?
In most cases, the debt can be paid off in a Chapter 13 bankruptcy plan at a low percentage (in the bankruptcy court in Memphis the percentage can be as low as 10 cents on the dollar) and the debt can usually be completely eliminated in a Chapter 7 bankruptcy liquidation.
Do not act on anything you read on this site without hiring an attorney. This is why we offer, for free, to prepare a bankruptcy petition for you to see what works best in your personal financial situation. We provide representation for individuals who live in Lauderdale, Tipton, Fayette and Shelby County, Tennessee, who qualify to file bankruptcy in the Bankruptcy Court for the Western District of Tennessee located in Memphis, Tennessee.