The prospect of wage garnishment is undoubtedly a scary one for most people. If you are in debt and your wages are subject to garnishment, you need an experienced attorney in your corner every step of the way.
The skilled bankruptcy lawyers at the Law Offices of Kenneth P. Carp can help you determine whether or not you should declare bankruptcy in a wage garnishment case and can assist you with evaluating all your legal options.
Wage Garnishment Law
A wage garnishment, sometimes known as a ‘wage attachment,’ is a court order directed toward your employer. The wage garnishment order requires your employer to automatically withhold a portion of your ages from your paycheck. The withheld funds are then sent to your creditor and applied toward your outstanding debt. In other words, you never see these garnished wages.
In order for your creditor to be able to obtain a wage garnishment order against you, he or she must first file a lawsuit for the amount of the debt owed and obtain a judgment from the court against you. Your creditor can then execute the judgment against you by asking the court to garnish a portion of your wages.
Common Reasons for Wage Garnishment
Some of the most common reasons for wage garnishment in the State of Missouri include the following:
- Court-ordered child support
- Child support arrears
- Defaulted student loans
- Defaulted personal loans
- Unpaid income taxes
Limits on Wage Garnishment
Upon obtaining a judgment from a Missouri court, a creditor may be entitled to garnish a portion of your wages. However, a creditor is not legally permitted to take all your wages, regardless of the number of creditors you may have.
Legal Options under Bankruptcy Law
If you are faced with a wage garnishment, it is important to understand that you always have legal options available. For example, you may be able to work out a repayment plan with your creditor or declare a Chapter 7 or Chapter 13 bankruptcy. If you file for Chapter 13, as part of bankruptcy proceedings, the court will place you on a repayment plan to pay back all your outstanding debts over a three- to five-year period.
Contact a Missouri Bankruptcy Lawyer Today for an Initial Consultation
An experienced lawyer can help you determine whether declaring bankruptcy is your best option in a wage garnishment case. To schedule a free consultation with a St. Charles or St. Louis bankruptcy lawyer, please call us or contact us online.