Wage Garnishment is a method of debt collection that occurs when a creditor takes legal action to garnish part of your wages until the amount owed is paid in full or until you take legal action to stop the garnishment.
Wage garnishment occurs when your employer withholds part of your wages to pay debts owed to creditors. In order for your wages to be garnished, your creditor must first sue you for the outstanding debt. If the creditor obtains a favorable judgment against you, then you can ask the court to issue a garnishment order. However, some types of debts do not require a court order, such as unpaid taxes, some student debts, or overdue child support payments.
Fortunately, you have many legal options to prevent or stop wage garnishments from occurring. Call (954) 922-2283 to schedule a free consultation with our wage garnishment lawyers.
Robert Stiberman is a highly regarded wage garnishment lawyer serving Florida. His law firm, Stiberman Law, is comprised of a team of experienced and reliable attorneys with a proven track record of working in the bankruptcy law industry.
At Stiberman Law, our Floria wage garnishment attorneys can help you put an end to wage garnishments.
If you’re being threatened with wage garnishment or are already having your wages garnished, contact our lawyers for assistance. The consultation is completely free.
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There are several ways to deal with garnishment in Florida.
If you have received a notice that you are going to be garnished, it is advisable to see an attorney as soon as possible and request a hearing. This in many cases, depending on the situation, can prevent a wage garnishment order from being issued.
Before a garnishment order is entered, there are several possible options to stop the garnishment: payment of the debt or settlement with the creditor; appealing Florida's exemptions to garnishment; or filing for Chapter 7 or Chapter 13 bankruptcy, which immediately stops the garnishment.
Once a garnishment begins, the options are narrowed depending on the type of debt, with bankruptcy generally being one of the main options to stop the garnishment.
At the time you file for bankruptcy, you will receive an automatic stay, which will end the garnishment of your wages and freeze most collection actions, including calls and letters.
The bankruptcy lawyers at Stiberman Law offer counseling on how you can stop some creditors from garnishing your wages.
To find the best solution for your specific circumstances, contact a attorney at Stiberman Law. The consultation is completely free.
Frequently Asked Questions
Wage Garnishment is a common method of debt collection. It occurs when a court order requires your employer to withhold part of your wages until your debt is paid in full or until you take legal action to stop the garnishment.
Generally, once garnishment has begun, wage garnishment continues until the debt is paid in full. However, in some circumstances, the garnishment can be stopped, or at least reduced.
There are limits on the amount a creditor can garnish your wages. In addition, certain types of income are exempt from garnishment, but there are also exceptions to these limits. In addition, a Chapter 7 or Chapter 13 bankruptcy filing provides an "automatic stay" to stop attempts to collect a debt, including wage garnishment.
In a wage garnishment situation, it is advisable to contact an attorney to advise you of your options.
It is not necessary, but it is recommended. Time is of the essence in responding to or stopping a garnishment. A lawyer will put all his experience and knowledge at your disposal, which will save you a lot of time and money.
In principle, no. The wage garnishment provisions of the Consumer Credit Protection Act (CCPA) protect employees from being terminated by their employers because their wages have been garnished for a single debt, regardless of the number of garnishments made or proceedings initiated to collect it. However, this protection for employees is diminished when their income has been subject to garnishment for a second or subsequent debt.
No. The Consumer Credit Protection Act (CCPA) limit the amount of income that can be garnished in a week.
Filing bankruptcy allows you to stop wage garnishment because it creates an "automatic stay" that prevents collection actions by creditors, including but not limited to garnishment of your wages. These automatic stays go into effect immediately upon filing bankruptcy, regardless of whether you file Chapter 7 or Chapter 13 bankruptcy.
For more information on how to end wage garnishment by filing bankruptcy, contact our Florida attorneys to request a consultation today.
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At Stiberman Law Firm, our work focuses on bankruptcy and debt solutions, so we know exactly what legal protection you can be granted under Chapter 7 bankruptcy or Chapter 13 bankruptcy.
With over 20 years of experience with bankruptcy law, we have filed thousands of bankruptcies and helped many people get a fresh start, regardless of their financial situation and the size of their debts.
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At Stiberman Law, our bankruptcy attorneys provide seasoned legal counseling on matters related to bankruptcy, including wage garnishment.
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Stiberman Law can help you stop wage garnishment. Contact our lawyers today for expert legal consultation.
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Robert Stiberman is a top rated wage garnishment attorney. His law firm, Stiberman Law, is comprised of a team of experienced lawyers with a proven track record of working in the law industry.
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