Stopping Garnishments & Bank Levies
~ Wage Garnishments & Bank Levies in Arizona ~
We're here When You Need to stop a garnishment or bank levy
Clients from Gilbert to Phoenix contact us regularly for help with wage garnishment and bank levies. This process is typically a last resort creditors when they have been granted a judgement for an outstanding debt.
While it’s best to contact a bankruptcy attorney before creditors take this action, we can help you immediately solve this problem. By filing a Chapter 7 bankruptcy or Chapter 13 bankruptcy, the garnishments STOPS.
What's the Difference Between a wage Garnishment and a Bank Levy?
~ What is a Garnishment ~
A garnishment is the result of having a judgment entered against you and not paying that judgment. The creditor who holds that judgment against you can ask the court to garnish your wages. Normally, they ask the court for 25% of the wages you earned after taxes are taken out but before your insurance or retirement comes out.
Being garnished almost always leads to someone filing for bankruptcy. What is truly unfortunate is when the person allows themselves to be garnished for multiple paychecks before seeking the help of a Chapter 7 or Chapter 13 bankruptcy attorney.
When you file for Chapter 7 or Chapter 13 bankruptcy, the garnishment against you STOPS. This is because a federal law in the Bankruptcy Code creates an “automatic stay” as soon as you file. That automatic stay prohibits a creditor from doing anything to try and collect the debt from you, including garnishing your paycheck.
Can I get the money back I have already lost to garnishment if I file for bankruptcy?
No. That is why you should contact the D.M. Bankruptcy Law Group, LLC as soon as you are served a lawsuit. Or better, as soon as you fall behind on the creditor, or even feel like you are going to fall behind. Making a bankruptcy plan in advance of crisis is the best way to save money and heartache.
~ What is a Bank Levy ~
A bank levy is the act of a creditor taking money right out of your bank account after it had obtained a judgment against you and did not pay it. Most folks who have this experience describe it as their account being “frozen”. They can see it in the account, but have no access to it.
An account gets frozen when levied because there is a legal process to getting the money to the creditor. Most often, if your account has been frozen and your creditor has a bank levy against you, you are not going to get that money back. This can be devastating because in Arizona the creditor is only required to leave $300 in that account as “exempt funds”. It’s true. You got paid on Friday and $3000 was in your account. On Monday, you got levied and now only $300 is in there.
Chapter 7 and Chapter 13 can stop a bank levy from ever happening. Do not let it get to the point where you are being garnished or just had a bank levy placed on your accounts. Call the D.M. Bankruptcy Law Group, LLC today and talk to a qualified bankruptcy attorney about filing for a Chapter 13 or Chapter 7 bankruptcy.
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