At The Law Offices of Jonathan P. Shultz, we provide effective representation and insightful counsel to individuals across Denver who are struggling with past-due debt and facing wage garnishment. Our compassionate legal team understands that that debt can quickly pile up from unpaid bills and cause an overwhelming amount of stress, which is why we are here to assist if you are experiencing severe financial hardship.
If you are losing your hard-earned wages before they even appear in your bank account, then you need to immediately contact our attorneys so we can discuss your concerns and help you find practical solutions to put your financial future back on the right track.
Wage garnishment is a common tactic used by creditors and lenders. Also known as an "attachment," wage garnishment is a court order that instructs your employer to take money from your paycheck to repay a creditor or debt collector for your past-due debt.
Before your wages can be garnished, the creditor must first obtain a court order and provide notice that your wages are being garnished.
Wage garnishment can result in serious consequences that will impact your life and livelihood. Not only will you lose a substantial portion of your income to creditors, but it also doesn’t do much to decrease the amount you owed or the high interest rates.
One way to halt wage garnishment is by filing for bankruptcy. As soon as you file for bankruptcy, an injunction, called the automatic stay, immediately goes into effect. The automatic stay prohibits most creditors from taking or continuing actions to collect debts — this includes wage garnishment.
However, the automatic stay doesn't apply to all creditors or all types of debt. Wage garnishment won’t stop if you file Chapter 7 bankruptcy or if the debt is for past-due child support or alimony. But if you file Chapter 13 bankruptcy, it will stop all garnishments, including for past-due child support and alimony debts. Under a Chapter 13 bankruptcy, the debtor must pay their debt obligations over a three-to-five-year plan. The garnishment stops while the Chapter 13 bankruptcy is active, and debtors continue to make their monthly payments.
If you need help protecting your rights and fighting back against a wage garnishment order, please don’t hesitate to contact The Law Offices of Jonathan P. Shultz so we can provide the comprehensive representation you need.
It can take the court a week or longer to send the official bankruptcy case notification to all your creditors. When you choose our firm to handle your wage garnishment case, we will immediately inform both your employer and the garnishment creditor of the bankruptcy case number, filing date, and court location.