One common tactic creditors use to collect on debts is to file a lawsuit to have your wages garnished. Our legal team understands the added financial stress wage garnishment can have on not only you, but also your family.
At the Law Offices of W. Kirk Moore, we provide comprehensive, effective bankruptcy representation. We understand the social stigma attached to filing for Chapter 7 or Chapter 13 protection. We are committed to helping you achieve the debt relief you deserve. At our California law firm, bankruptcy is ALL we do.
Our San Jose wage garnishment attorney, W. Kirk Moore, has handled thousands of bankruptcy filings. He understands how filing for bankruptcy can protect your wages. When you file for Chapter 7 or Chapter 13, all wage garnishment actions stop. The automatic stay prevents creditors from taking any legal action against you, such as wage garnishment.
Until you file, all non-governmental agencies, such as collection agencies, can garnish up to 25 percent of your wages. Wage garnishment can occur until they collect all the funds owed them, including fees and interest.
Government agencies, such as the IRS or California’s state tax agency, have the authority to garnish your wages without filing a lawsuit. Filing for Chapter 7 or 13, however, can stop IRS garnishment actions as well.
Filing for bankruptcy also stops levies against your bank accounts. Judgment creditors can demand your financial institution remove funds from your accounts to pay your debts. We can step in and file a bankruptcy to prevent a levy and also to stop a levy that has already been placed on your accounts.
It is crucial that you contact our firm immediately if you are facing wage garnishment or levy action. While filing for bankruptcy stops garnishment and a levy, you usually cannot recover funds already taken before you filed for bankruptcy protection.
