Garnishment takes a huge amount of your check
As bankruptcy lawyers, a frequent question we get is how to stop a wage garnishment. In the state of Georgia, a creditor can take up to 25% of your gross pay from each paycheck until the underlying debt is paid off. And not only will the debt be collected. The debt collector will add on attorney fees, court costs and numerous other charges.
Stop a wage garnishment by filing bankruptcy
Filing bankruptcy will stop a garnishment. Under the law, once the bankruptcy has been filed, the garnishment must be dismissed by the creditor. However, the bankruptcy must first be filed; the creditor will not just dismiss its garnishment without you filing bankruptcy. Why should it?
You can either file a chapter 7 or a chapter 13, since both will stop the garnishment.
Debt negotiation can sometimes stop a bankruptcy
Sometimes, however, we can stop a garnishment by debt negotiation or debt settlement. That's where we negotiate with a creditor so that you pay an amount of money that is less than what the creditor claims is owed. It's an alternative to filing bankruptcy.
What about charge-offs?
If an account is marked as "charged-off" on your credit report, it is now most likely held by a collection agency. The original debt may have been incurred thru a credit card, loan, car repo, eviction or medical bill.
But after a certain period of time (which differs from creditor to creditor), it is often sold to a debt collector. However, that debt is still often valid. It has been sold and now a collection agency will attempt to collect it by suing you. And after getting a judgment, they will garnish your wages.
Again, once the bankruptcy petition has been filed, the garnishment is required to be dismissed by the creditor.
Getting garnished? Need it to stop? Act quickly, because it will destroy your paycheck!
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