St. Clair Shores Wage Garnishment Lawyer
Stop Income Loss in Macomb, Wayne, St Clair & Sanilac Counties
Losing part of your income when you are already struggling to make ends meet can be devastating. Often, this is the final straw for those in debt overwhelm. If money was tight before causing you to struggle, now it may feel as if your financial scene has become impossible.
Fortunately, solutions exist to end wage garnishment. At Joseph L. Grima & Associates P.C., we bring much-needed relief to individuals and families who have been forced into this position. Our firm can help you fight back to restore your income and give you ways to eliminate or reduce the rest of your consumer debt. We have been providing legal answers to clients for 30 years with trusted representation leading to successful results.
Wage Garnishment Solutions
Wage garnishment typically begins when your creditor seeks a judgment from the court affirming your debt. This allows your creditor to then take the action of having your wages garnished through your employer. Garnishment can also be taken against bank accounts and tax returns to enforce payment. As the debtor, if you fail to respond to your creditor’s lawsuit against you, it will result in a default judgment. In most cases, even if you do respond, courts generally rule in favor of creditors unless unusual circumstances have occurred, such as having your identity stolen which incurred the debt or other situations.
Under state law, these judgments stay in effect for 10 years. After that, they can be continually renewed if you have not made full payment of the debt. What you owe may also be increased by late fees, interest, and the legal costs incurred by the creditor in taking you to court. Eventually, your debt may be turned over to a collection agency that can also seek a judgment leading to wage garnishment.
Once you file a Chapter 7 or a Chapter 13 bankruptcy, however, wage garnishment can be stopped. This is done by the “automatic stay” issued by the bankruptcy court that prohibits creditors from pursuing payment. They are then only allowed to go through the court. Once your bankruptcy case goes into effect, it will generally discharge your consumer debt. In a Chapter 7, all of this debt can be discharged. In a Chapter 13, you can pay off some of the debt through an affordable monthly repayment plan after which the balance will be discharged when the plan is concluded.
Thus, wage garnishment can be stopped as soon as you file. In cases where garnishment has already begun, it may be possible to get the money back that was already garnished. This, however, will depend on when the garnishment began and how much you lost. Generally, you may reclaim garnished wages that occurred in the 90 days prior to your filing. This means you should not delay in getting the legal assistance you need in wage garnishment situations.
If you are facing a wage garnishment, the time to act is now. Our firm is here to provide the help you need to stop the loss of your income and put you back in control of your financial scene. We have the skills and experience you need as well as a proven history of success accumulated over the last 30 years. Let us put our legal ability to work for you.