Why You Will Need To Hire A Garnishment Attorney
You should seek a garnishment attorney as soon as you get a writ of garnishment. Garnishment is the process where a creditor who has failed to recover a debt from a debtor goes to court and files a court case against his debtor. There are 3 types of garnishment: bank garnishment, wage garnishment and tax garnishment. Some of the common things deducted may include defaulted loans, child support, court fines and unpaid tax. Although any type of debt can be deducted from your wages, there are boundaries that prevent other forms of withholding.
Wage garnishment is traumatic and shocking. This is not pleasant for people in financial havoc. Normally, the creditor uses a court order to get your account numbers or even your place of work and then issues it to your human resources manager. In California, a creditor garnishes 25% of your net income. This is the ultimate last resort when one has ignored phone calls, summons and letters. Withholding will also happen if you have not cleared a certain bill for long.
A few ways to stop wage garnishment
Having money withheld from your paycheck is the last thing you want to happen to you. Getting a remedy is important whether you were expecting this kind of action or not. Act fast and you will lose less money. All may not be lost because here, we will help you get good garnishment lawyers to help you out of your misery. Believe me, you will need a good lawyer fast.
The most important step to changing your current financial situation is finding out the root cause. Obviously, you will receive notifications with information like reasons why wages will be withheld. Use that information and come up with a strategic plan. While settling your debt in full amounts may be the fastest and most likely obvious way to stop garnishment, it is not always possible with your current financial constraints that led to that situation in the first place.
Consult a garnishment attorney for the advice on what course of action to take. Most garnishment attorneys will offer free consultation to analyze the situation and advice on the way forward.
- Making payment arrangement- It can be hard to negotiate with a creditor without a wage garnishment lawyer, especially if they are receiving more funds. Make an offer before they know how and where you make a living.
- File bankruptcy - Unlike other options, filing for bankruptcy will force creditors to stop garnishment. This takes effects even the time before deductions are scheduled. It is determined by how fast your human resources department is.
Where to find a good Garnishment Attorney
While there are numerous ways of finding garnishment attorneys, after reading this article, you need not look any further than here. We have some of the best practicing attorneys who specialize in garnishment and ensure that the debtor is protected from creditors. However, sometimes when you are not sure of how to get the best and most experienced attorney, consider using the tips below:
Friends, colleagues or relatives referral
The best way to get a skilled lawyer is getting recommendations from people you know and trust. You can even go ahead to ask for referral from another attorney.
Many lawyer directories will list garnishment lawyers on the Internet. Some sites will provide basic information about the counsel like years of practice, area of service, philosophy and charges.
However, it is important noting that not all lawyers on directories are competent. So it is your responsibility to check out their expertise and credentials.
Country or state bar attorney referral panel
Many Country or state bar attorney referral panels have a directory. Usually, the directory will match the wage garnishment attorney with your geographical area and legal issue type.
Other places to find garnishment attorneys are group legal plans, nonprofit legal institutions and legal schools.
What to consider when selecting a garnishment lawyer
The fee paid is key aspect concerning hiring a garnishment lawyer. This is a simple but sad fact; money is the cause of the problem in question. Many lawyers will charge $1000 to $3000, but you should ask for a discount. It is important for debtors to get what they need. Most recommend the use of Chapter 7 (liquidation) and Chapter 13 (personal reorganization) for getting out of heavy debt.
It is important to weigh the pros and cons that come with different law firms in terms of size. Big firms may be expensive but have many experienced counsels like wage garnishment lawyers who deliver. Small law firms charge a lower fee, but may or not give you a lawyer who will be fully dedicated to you all the time that you will need them. However, it depends on who is handling your case.
Select a lawyer that offers free consultation. Many garnishment lawyers will offer free bankruptcy consultation so that they can analyze your situation and decide if they can be of any help.
Find out whether your wage garnishment attorney is a member of NACBA. The National Association of Consumer Bankruptcy Attorneys provides great avenues to people in financial mayhem.
My name is Craig R. Chlarson. Whether you are seeking to eliminate your debt, typically through a chapter 7 filing, or whether you are seeking to reorganize your debt, typically through a chapter 13 filing, or even if you have basic bankruptcy questions, call me today. I can help you.
To schedule an appointment, call (435) 901-3449
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