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STOP WAGE GARNISHMENT

Don't Lose 25% of Your Paycheck to a Garnishment
What Is Wage Garnishment?

Once a creditor has a judgment against you they can then garnish your income and assets. You will not be given notice before your pay check is garnished or bank account is seized so this type of creditor action can be devastating to your financial life.

Most creditors cannot garnish your wages without first suing you in court and getting a money judgment. While there are a few exceptions to this rule such as for student loans, taxes, and child support, in most cases the creditor must file a lawsuit and win.

In Georgia, a judgment creditor can garnish your wages up to 25% of your disposable income, or the income you receive after paying taxes, medical insurance, and 401k savings. The ability to pay necessary expenses such as housing, food, and clothing are often directly impacted.

 

What Is A Bank Account Garnishment?

If the creditor chooses not garnish your pay check they can use their garnishment to seize the funds you have in your financial accounts.  Creditors have third party services that allow them to find your bank accounts quickly after a judgment is entered. Once they serve your bank a copy of this judgment your account will be seized.

 

What Can You Do If Your Pay Check or Bank Account is Garnished?

Fortunately, filing bankruptcy immediately stops garnishment and often discharges the amount owed pursuant to the judgment. Plus, any money that was taken from you through wage garnishment in the three months prior to filing bankruptcy can be recovered. So with either Chapter 7 bankruptcy or Chapter 13 bankruptcy, you can stop the garnishment in its tracks and get back the money that was taken from you.

In regards to your bank account being seized, once your bankruptcy is filed the bank will have to release the account (and your funds) back to you.

 

How Will Your Employer or Bank Know to Stop the Garnishment?

Once your bankruptcy case is filed the attorney and/or creditor that obtained the judgment against you will be notified immediately.  They are required to file a release of the garnishment and send this notice to your employer or bank to notify them to stop all actions.

Schedule a FREE consultation!

Saedi Law Group, located in Atlanta, Georgia, serves the cities of Atlanta, Newnan, Gainesville, Rome, Marietta, Duluth, Jonesboro, Decatur, Buckhead, Sandy Springs, Tucker, Stone Mountain, Lawrenceville, Roswell, Norcross, Alpharetta, Dunwoody, Conyers, Lithonia, Stockbridge, Douglasville, Peachtree City, Smyrna, Kennesaw, and Forest Park, as well as Fulton County, DeKalb County, Cobb County, Gwinnett County, Henry County, Clayton County, Fayette County, Forsyth County, Cherokee County, Douglas County, Newton County, Rockdale County, Hall County, and Floyd County, GA.

We invite you to contact us either online or by phone at 404-889-8663 to schedule a free confidential consultation to review your personal financial situation and what options we can provide to protect you from creditors. For additional information about bankruptcy please also check out our YouTube Channel which has up to date vlogs on issues related to personal bankruptcy.