Garnishment

Staten Island Bankruptcy Attorney

You may not have received any letter or threatening phone call. The first sign of trouble was when you noticed that a large chunk was missing from your paycheck. When you called your employer the following day, you were informed you that you owe a debt. You are also told you that your employer was carrying out a wage garnishment. They are required by law to do so. I have assisted clients whose wages have been garnished. If your employer has commenced a wage garnishment, I can help. Contact the Law Offices of Charles R. Tropp to talk to an experienced bankruptcy attorney.

Who Can Garnish Your Wages?

If you owe a debt, and the creditor has obtained a judgment against you, they are entitled to file a wage garnishment with your employer requiring them to deduct 10% of your gross pay each pay period and send it to the City Marshal or Sheriff. At that point, your employer has no choice but to comply. I handle wage garnishment issues that involve the following:

• Medical bills
• Tax arrears
• Credit card payments

The Bankruptcy Option

Filing a bankruptcy case can stop wage garnishment immediately. If you file on Thursday, and you get paid on Friday, your debtor cannot touch that Friday's paycheck. Furthermore, bankruptcy gives you a way to take care of the debt without resorting to complete financial ruin. With a Chapter 7 filing, the debt that gave rise to the wage garnishment is simply discharged along with your other debt. If you file a Chapter 13 case, the debt receives a dividend along with your other unsecured debt and at the conclusion of the case you receive a full discharge of all your pre-existing debt.

If you or a family member faces a wage garnishment, contact a Staten Island bankruptcy lawyer for a free consultation.