Debt Collection Lawyer Tampa, FL
Wage Garnishment
Most people have experienced a seemingly overflowing pile of bills, but for some, the ability to pay them will seem impossible, as debt collection lawyer in Tampa, Florida understands. Eventually you might end up sorting through envelopes and choosing bills to pay and bills to ignore. In the back of your mind you might be hoping that creditors and bill collectors will give you a break. Unfortunately, these companies are very determined to get their money. When phone calls no longer work, they may implement wage garnishment, with or without a court order.
There are always signs a wage garnishment is coming. The Law Office of Michael A. Ziegler, PL has worked with clients who waited to come see us. Many waited until the wage garnishment order went through before calling our firm. Often, these clients tell us they simply didn’t think the creditor would go through with it.
While seeking wage garnishment is a long and expensive process for the creditor, believe us when we tell you: they will always go through with it.
If you already have a wage garnishment order against you, it may still be possible to fight it and negotiate new terms. However the best time to call Law Office of Michael A. Ziegler, PL is well before the judgement is made. The creditor will often issue a demand letter or summons to you. When this happens, call the Law Office of Michael A. Ziegler, PL immediately.
What Is Wage Garnishment?
Wage garnishment, also known as wage attachment, is a court order sent to your employer which mandates them to hold a portion of your earnings. This money will then be sent directly to the creditor. Wage garnishment laws vary by state. Sometimes there are low maximum limits that can be taken from a paycheck at any given time, but even so, this reduction in your wage can be devastating. A debt collection lawyer may be able to prevent such a thing from happening through resolution in another manner.
Who Is Able to Garnish Wages?
Your debts or financial situation will bring about specific rules and regulations for wage garnishment. Furthermore, only a certain amount of your paycheck can be taken; this typically maxes out at 15 to 30% after all of your deductions for necessities. A debt collection lawyer may tell you that income from your paycheck can be taken for the following:
Student Loans: Unfortunately this is the most common types of wage garnishment and a court order may not be needed to enforce it. Young Americans who have recently graduated are often faced with thousands of dollars in student loan debt with no way to meet the minimum monthly payments and high interest. Large student loan companies have a team of lawyers who are very good at implementing wage garnishment on these people. At the Law Office of Michael A. Ziegler, PL, we will work hard to keep this from happening.
Back Taxes: Should you have missed out on filing and paying your taxes to the IRS, wage garnishment is possible. As an authoritative government body, they do not require a court order and can take more than the standard maximum. Should you be facing wage garnishment from the IRS, you should have a Tampa, FL debt collection lawyer on your side.
Child Support: If you are obligated, under a court ruling, to pay child support, but have failed to do so, your ex-spouse, partner, or your child’s guardian could request wage garnishment.
Creditors: Just about every kind of creditor can ask a judge for wage garnishment from your paycheck. This could be sought for late payments on cars, credit cards, house payments, and so forth.
What are My Rights in Wage Garnishment?
- Notification: You have to be legally notified of the wage garnishment
- Dispute Process: If you believe the notice has inaccurate information or you believe the debt is not yours, you can dispute the judgement.
- Non-exempt Earnings: Social security and veterans benefits are exempt from garnishment as income. This money could, however, be subject to seizure once in your bank account.
- Job Loss: Your employer can’t fire you for your first wage garnishment. You lose this protection with multiple garnishments.
What Should I Do if I Receive a Wage Garnishment Judgement?
If you have received a wage garnishment judgement, call the Law Office of Michael A. Ziegler, PL to schedule a free consultation. Our team is ready to advise you of the next best steps for your specific case.
First, it’s important to read the judgement closely. Are there are any mistakes? Is all of the information accurate? Incorrect information could possibly void the order. If there are errors, we stand ready to object to the order. Often these appeals can only be made within a few days of the judgement, so we must act quickly.
Next, we’ll consider negotiating a new deal. We’ll take a look at your finances with you and consider how much you could pay towards your debt. It might be possible to negotiate a new payment plan with the creditor. One that does not involve wage garnishment, but does require you to keep on-time payments.
Finally, we’ll consider if a bankruptcy filing could be in your best interest. Chapter 7 and Chapter 13 can get the debt dropped or force the creditor to accept different repayment terms. Bankruptcy can be a scary thought, but sometimes it may be the best option.
We Will Fight Your Wage Garnishment – Act NOW
If you paychecks are subjected to wage garnishments and you are struggling to afford the basic necessities that you deserve, you should have a debt collection lawyer on your side. Such deductions can feel like you’re on an uphill treadmill with no end in sight. But it is possible to fight wage garnishment and secure terms that are in your favor.
With certain types of wage garnishment, you may have no more than five days to contest the order, and in other cases you have 30 days. It is very important to act as quickly as possible.
At the Law Office of Michael A. Ziegler, PL, we will stand up and fight for the income you have worked tirelessly to deserve. Don’t waste any more time. For a free consultation please call a debt collection lawyer Tampa, FL clients trust today.
Are You Facing a Debt Collector?
If you are facing a mountain of debt that seems to never end, then it may be time to consult with a debt collection lawyer Tampa, FL. Perhaps you have defaulted on some of your payments. Not only can debts feel completely overwhelming, facing a collections agency can feel downright shameful. Many with unpaid debts may withstand harassment from a collections agency. Despite owing money to a creditor, you still deserve to be treated fairly in the process. The Law Office of Michael A. Ziegler, PL has years of experience in going head to head with collections agencies who have been unjust or harassed our clients. When actions made by collections companies are illegal, you may have grounds to take legal action against them.
Fair Debt Collection Practices Act (FDCPA)
Many facing a debt are likely to be scrambling in order to figure out the best way to settle it. However, one significant thing that many in debt do not consider is their rights when it comes to debt collection practices. Understanding the Fair Debt Collection Practices Act, may prove to be useful when facing creditors following non payment of a debt. The FDCPA is a law put in place to protect consumers from certain practices utilized by third party debt collectors. If you have been mistreated by a debt collector, you may be able to take legal action. If the FDCPA is violated, a person may be able to take legal action against the collections agency to collect compensation for the damages you have faced as a result. A debt collection lawyer Tampa, FL can review the facts of your case to see if any violations occurred.
Illegal Debt Collection Practices
Debt can leave a person feeling as though they are drowning, especially when they face constant calling from a collections agency. However, under the FDCPA collectors must follow specific guidelines. Failure to do so, may be grounds for you to take legal action in the form of a lawsuit against them. The following are examples of inappropriate behaviors sometimes used by debt collectors
- Calling you during inconvenient times, which are considered outside of the hours of 8AM and 9PM.
- Contacting you at work when such calls are prohibited by your employer
- Calls using a harassing or threatening voice.
- Threaten to harm you or damage your reputation
- Call you over and over again
- Misrepresent themselves or provide you with misleading information.
- Add unauthorized charges or interest to your debt
When faced with this type of treatment, know that you do not have to put up with it. Contact a debt collection lawyer Tampa, FL so that you can ensure proper treatment moving forward.
The Law Office of Michael A. Ziegler, PL
We know the shame that those indebted to creditors may carry with them. It can be easy to get in over your head when it comes to financial expenditures. Let our dedicated debt collection lawyer Tampa, FL help to silence the calls. You may be feeling as though there is no end in sight. Not only may we be able to help in protecting your rights, but also by taking action against illegal collection practices. Contact the The Law Office of Michael A. Ziegler, PL today to learn more about how we may be able to help you.
Being in debt doesn’t mean you should be treated poorly by debt collectors. Many put up with inappropriate and unlawful behavior that is often practiced by debt collectors. Despite this, many may continue to put up with the behavior because of the significant level of shame they carry for not being able to settle their debts. Don’t put up with illegal debt collection, allow a debt collection lawyer Tampa, FL to help resolve this issue, so that we may settle your case as quickly as possible.
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