New Orleans Wage Garnishment Lawyers
Stop Wage Garnishment Through Bankruptcy in Southeastern Louisiana
When you are struggling financially, garnishments that reduce your paycheck can cause even more problems, leaving you unable to afford things you need. In many cases up to 25 percent of your take-home pay may be deducted by your employer acting on a legal order by the courts. At Edwin M. Shorty Jr. & Associates, we understand how frustrating it can be to have debt infringing on all aspects of your life. That is why we help people who are struggling with debt get the fresh start they need and stop wage garnishments.
Because we have focused on bankruptcy law since 2003, our legal team has enormous experience in helping individuals and families from all walks of life successfully resolve their financial difficulties. If you are facing wage garnishment, it is important to act quickly through a bankruptcy filing to ensure that the garnishment does not proceed or is stopped. You can discuss your situation directly with one of our debt relief attorneys in an introductory consultation free of charge.
How Does Bankruptcy Stop Wage Garnishments?
When you file for bankruptcy, an automatic stay stops creditors from garnishing your wages. In some cases, the debt that they are trying to collect can be discharged completely. The automatic stay is an order from the bankruptcy court that prohibits most creditors from contacting you in their collection efforts. Wage garnishment is a collection process. The automatic stay can both prevent and stop wage garnishment actions. It applies in cases of both Chapter 7 and Chapter 13 bankruptcy filings and is triggered as soon as you file. It stays in effect until your bankruptcy case is concluded with a discharge of your remaining unsecured debt.
It is important to understand that not all types of creditors or debt are subject to the automatic stay. For example, delinquent child support payments or alimony obligations are generally debts that cannot be discharged through bankruptcy and thus wage garnishments for these may not be available. In a Chapter 13 filing, the automatic stay may apply to these obligations upon filing but you typically are still responsible for them over the term of your repayment plan. Furthermore, if you are a repeat filer, the automatic stay may be for only a 30-day period or may not be issued by the court at all.
In order to garnish your wages, a creditor must first sue you over the debt. The lawsuit will lead to a court hearing where a judge can order the wage garnishment based on the evidence presented by the creditor. Your employer will then be notified to begin the garnishment as a way to repay your debt. However, you must be notified of the lawsuit and pending hearing so that you have the opportunity to oppose the garnishment. Court hearings are generally not needed for debts such as past-due child support, taxes, or student loans.
“Mr. Shorty has been my attorney for many years. I call his office for any legal problem I may have.” - Shonta
“The team of professionals attached to his office are top notch.” - James L.
“Calls you back and keeps you updated on whatever he's doing or working on for you.” - Deborah