When you are in debt, all you can think about is your next paycheck—when you will get it, how you must use it, whether it will be enough, what you may have to sacrifice in the name of debt. It can add insult to injury, however, when creditors seek to garnish your wages. If successful, a debt collector can garnish a portion of your income before it even gets to your pocket. The St. Paul wage garnishment relief attorneys at Martin & Hedervare PLLC work to make sure the money you earn is yours to use.
How does someone get the right to garnish wages?
The creditor initiates the garnishment process by taking legal action against a customer in arrears. Wage garnishment is the result of a judgment or lawsuit against a person who is behind on payments. The creditor then sends a Garnishment Exemption Notice and Notice of Intent to Garnish Earnings, and you have a short time to respond. If you do not object to the notice, the creditor sends a Garnishment Summons to your employer to start the process of claiming up to 25% of your disposable income. If you do nothing, the garnishment will continue until the balance of the judgment is collected from you. Your Twin Cities bankruptcy attorneys can help you determine if filing for bankruptcy relief will benefit you and file the appropriate paperwork to stop confiscation of your money.
Exemptions from wage garnishment
A debt collector with a judgment cannot recoup your earnings if you receive government assistance from such programs as:
MFIP (Minnesota Family Investment Program)
MFIP Diversionary Work Program
Work participation cash benefit
GA (General Assistance)
EA (Emergency Assistance)
MSA-EA (MSA Emergency Assistance)
SSI (Supplemental Security Income)
Medicare Part B premium payments
Medicare Part D extra help
Even if all your paperwork is in order, the creditor can disagree with your exemption and begin taking your earnings anyway. You can fight this action in court, but it is difficult to attempt this alone.
Creditors may also garnish your bank account (technically called a bank levy) if they think you are not going to pay or are going to move your money in such a way that debts cannot be collected.
Filing for bankruptcy stops wage garnishment in its tracks
If you are dealing with wage garnishment, you may benefit from filing for bankruptcy. As soon as your Chapter 7 or Chapter 13 bankruptcy case is filed with the court, all garnishment efforts stop immediately, and creditors must stop contacting and harassing you. Find immediate relief through a fresh start or debt reorganization with a bankruptcy solution.
Fight wage garnishment with our Minnesota bankruptcy attorneys
Start keeping what you earn and make life better with the Twin Cities bankruptcy lawyers at Martin & Hedervare PLLC. We use our combined 38 years of experience to find tailored debt solutions so every one of our clients can obtain wage garnishment relief and breathe easier. Call our firm at (651) 243-2974 or contact us online today to schedule your risk-free consultation.