Legally speaking, wage garnishment is something of a technique of last resort for debt collection. A creditor is able to levy against your bank account or your paycheck. Our experienced bankruptcy attorneys at Wolff & Orenstein, LLC can provide the protection you need to help prevent creditors gaining access to your money or defend you against the repossession of your assets.
Wage garnishment is the process of involuntarily deducting up to 25% of your net paycheck by your employer for debt collection. Wage garnishment is distinct from wage withholding for taxes or insurance, as these deductions are voluntary, or required. Wage garnishment is also distinct from repossession or foreclosure, both of which involve taking possession of nonmonetary property to satisfy a debt.
Some creditors can garnish wages for the following purposes, sometimes without ever going to court:
For items that are not on this list, the creditor must go to court and obtain a judgment against you to garnish your wages. Examples include credit card bills and medical bills.
A bankruptcy petition stops wage garnishment. It does not matter if the creditor is threatening to go to court, has gone to court or is already garnishing your wages. In addition to stopping wage garnishment, the bankruptcy court gives you more time to repay the debt. In many cases, some or all of that debt may be completely eliminated and you may even be able to recover the wages that were taken from you. In other cases, you may be able to set the repayment terms. You do not have to accept the terms dictated to you by the creditor.
With more than 60 years of combined experience, our lawyers at Wolff & Orenstein, LLC have a reputation among both consumers and attorneys as professionals who do quality work and achieve positive results in Montgomery, Frederick and Prince George’s County and throughout Maryland. Our firm is a premier consumer bankruptcy law firm in the area, which is both well known and well respected. Contact our bankruptcy law firm at 301.250.7232 or online to discuss your case during your free initial consultation.
Skilled Bankruptcy Attorney in Maryland Biography:Michael G. Wolff is a seasoned veteran with more than 30 years of experience practicing bankruptcy law. He is a respected bankruptcy attorney responsible for handling complex cases. He has served as a Bankruptcy Trustee for over 20 years in Maryland. He also enjoys a superior reputation among his clients…
Commercial Litigation & Consumer Law Firm Attorney Biography:Jeffrey M. Orenstein is a skilled commercial litigator with a particular emphasis on bankruptcy litigation. He has been appointed to serve as Bankruptcy Trustee and Examiner in complex Chapter 11 cases. For more than 25 years, he has represented bankruptcy estates, bankruptcy trustees in multiple jurisdictions, creditors and…