If you have received a wage garnishment notice from your employer bankruptcy can help and you will need to move quickly to stop it. Your employer must give you notice if they are served with a memorandum of garnishment. They will have 10 days to respond to the levying officer. Filing bankruptcy will stop payroll garnishment and all further wage garnishments once your case is filed and an order of discharge signed by the court. Call today to schedule your Free Consultation, 1-877-963-9543. Our San Jose wage garnishment attorneys can file your case quickly to make sure you are not garnished.
- Save Your House From Foreclosure
- Stop the Harassing Phone Calls
- Chapter 13 Bankruptcy
- Get Rid of a Second Mortgage or Equity Line of Credit
Many collection agencies will threaten to take money from your check during a collection phone call to your home or cell phone. Someone you owe money to must obtain a judgment against you first. That means they filed a complaint against you for breach of contract and then personally served you with the summons and complaint. If you choose not to defend yourself they will receive a judgment against you by default. Once the judgment is obtained they may now enforce the judgment against you.
The levying officer is usually the sheriff’s department for the county in which your employer is located. Your employer really does not have much of a choice in the matter. If they do not withhold funds from your paycheck then they can be held liable for the judgment obtained against you.
If your paycheck was reduced during prior month and sometimes more you should receive that money back eventually. When your payroll is processed is a very important thing to know. Some companies process payroll up to four days before you actually get paid. So to actually stop your check from being reduced the bankruptcy case must be filed prior to the payroll processing and notice faxed to your payroll department. That is why it is so important that you act quickly. We will also be faxing notice to the attorney for the creditor and the sheriff’s department that is the levying officer. Generally most judgments are discharged in full once the order of discharge is signed by the court. If you own a home and a judgment lien has been recorded against it, then additional things can be done to make the lien and therefore the judgment go away. The bottom line is that you cannot ignore the service of a summons and complaint. It rarely will just go away without addressing it at some point. Sooner is always better than later.
