Imagine you go to eat at your favorite local food establishment in La Habra,. You are with colleagues or coworkers. You offer to pay for their meals and present your debit card. The clerk swipes your debit card and tells you that your card is declined. Nothing can possibly be worse than having your debit card declined? Yes, it can be worse. You lack sufficient funds in your bank account.
If it occurs, you probably begin to wonder if it was a mistake by the merchant or the bank? Or you may wonder if someone had stolen your identity and you are now another fraud victim. Naturally, you call your bank. After a long hold, your bank tells you that you account has insufficient funds as your employer’s most recent pay stub was actually less than you had expected. Now you are frantically wondering why. You later determine was issued a “wage garnishment order.”
If it has this wage garnishment has already occurred, you have failed to receive notice. Typically, the creditor, local sheriff’s department, and employer provide notice of payroll deductions due to a wage garnishment order.
Wage garnishments and your employer:
Your employer advises that they received notice of the garnishment from the local sheriff’s department. The local Sheriff’s Department’s received the wage garnishment from a court order/judgment the creditor you had neglected obtained previously by suing you. In short, you have had your wages garnishment.
What do you do?!
These wage garnishments will continue to be deducted until your employer receives notice to stop doing so. This can be done by a handful of options; two of which are: (1) paying the judgment creditor that has issued the wage garnishment order; or, (2) filing for bankruptcy and notifying your employer of the bankruptcy to immediately prevent further payroll deductions.
Is this common?
Wage garnishments are extremely common. Many people would never think this would happen to them. Some people have no clue it is coming to them until it happens. Acting promptly is crucial as time is of the essence and will help you avoid costly garnishments that could have been paid to you.
A sense of urgency- you must act quickly
As a debtor, you typically have ten (10) days from the date the local Sheriff’s Department notified your employer regarding the wage garnishment to file bankruptcy and send notice to the Sheriff’s Department and employer of your bankruptcy filing. By doing this in time, you will be afforded the protection of the automatic stay and you will prevent your employer from garnishing your wages and providing them to the local Sheriff’s Department who then will send the funds to the creditor.
Filing for Bankruptcy takes time
Filing bankruptcy cannot be done immediately, especially if you have a complex case. You must gather your financial documents and meet with a qualified bankruptcy attorney to ensure you qualify for bankruptcy. You must complete a credit-counseling course (usually about one hour online). Filing of the bankruptcy can take several hours to prepare by the attorney. Thus, it is crucial not to wait until the ninth day or the last minute to act. Contacting a qualified bankruptcy attorney and filing for bankruptcy should be done promptly to ensure you are afforded the benefits of the automatic stay and get your leveed funds bank in your bank account where they belong.
A competent and knowledgeable bankruptcy attorney who understands the wage garnishment collections process will be able to efficiently advise you and ensure your monies are returned. Thus, it is crucial that you select a highly skilled bankruptcy attorney serving your city (Whittier, La Habra, La Palma, Brea, Fullerton, Placentia, Anaheim, Azusa, Diamond Bar, Montebello, Buena Park, Yorba Linda, Anaheim Hills, Orange, Rowland Heights, Hacienda Heights, West Covina, Covina, El Monte, Rosemead, San Dimas, Glendora, Rosemead, Bell Gardens, Norwalk, South Gate, and Pico Rivera). I make it my goal to provide each client the dedicated time and experience to assist the client with his/her bankruptcy.
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