What Can I Do If My Wages Are Already Being Garnished?
There are a variety of options if your wages are already being garnished. Depending on the situation, you may still be able to negotiate a resolution with the creditor. The consumer can also evaluate whether or not the judgment and garnishment are lawful. In some circumstances, there may be reasons why the judgment can be set aside. The consumer might also be able to apply for certain garnishment protections. In Florida, a consumer who qualifies as the head of household may be protected from garnishment and can apply for that protection. In some circumstances, bankruptcy may be an appropriate option in order to eliminate the debt obligation and put an end to the wage garnishment.
What Does Vacating A Court Judgment Mean, As It Relates To Wage Garnishment?
The term “vacating a court judgment” means that the consumer perceives that there is something invalid about the judgment which might justify setting the judgment aside so that there would no longer be a basis for the garnishment. Vacating a judgment means more than simply disagreeing with the decision that has already been rendered. Typically, there has to be extraordinary circumstances in order to justify vacating a court judgment.
How Can Filing For Bankruptcy Help With My Wage Garnishment?
Filing for bankruptcy can help in a number of different ways for someone whose wages are being garnished. First, the bankruptcy will stop the wage garnishment on a going forward basis. Secondly, bankruptcy will eliminate the personal liability on the underlying judgment. Thirdly, bankruptcy may allow the consumer to recover money that has already been garnished.
Can I File For Chapter Seven Or Chapter 13 To Stop Wage Garnishment?
Both chapter seven and chapter 13 bankruptcies can be utilized to stop wage garnishment. Both chapters of bankruptcy offer protections from ongoing wage garnishment after the bankruptcy has started.
Is Filing For Bankruptcy Guaranteed To Stop A Garnishment?
Absent extenuating circumstances, chapter seven and chapter 13 bankruptcies will generally place an immediate end to wage garnishment.
Will I Ever Be Able To Recoup Garnished Wages That Were Lost?
In some circumstances, it can be possible to recover garnished wages that were lost. Wages can be recovered through a variety of different methods. If a negotiated resolution is worked out with a collection company, and if that resolution is less than the amount of wages that have been garnished, then the excess amount might be returned to the consumer. If there is exemption from wage garnishment (such as the head of household exemption), then that would justify the return of garnished wages during the period of time that the consumer had the qualification. If the judgment is set aside, that would also justify the return of garnished wages. Finally, recent garnished wages may be recoverable in bankruptcy.
What Kind Of Attorney Do I Need To Help Me With Garnishment Of My Wages?
The best qualifications for an attorney to assist with wage garnishment is one who is familiar with the defense in the state and federal court systems, as well as familiar with bankruptcy. An attorney should be able to give a consumer guidance based on the debt at issue, as well as other debt that the consumer may be dealing with. Doing so will lead to an evaluation of the best course of action.
How Can I Know Which Lawyer Is The Right One To Help Me With My Wage Garnishment Issues?
A consumer has to look at a variety of different criteria in evaluating which attorney is the right fit for them. First, what is the attorney’s experience and background? Secondly, what is the attorney’s bedside manner, and how comfortable are they in working with consumer clients? How careful will they be in keeping the consumer informed about what’s going on in their case? Finally, a consumer has to ensure that the services are the right fit for their budget.
For more information on Current Garnishment Of Wages, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (727) 538-4188 today.
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