STOP Wage Garnishments in ARIZONA
Stop wage garnishments in Arizona. In Arizona, if you have a judgement against you by a creditor, they can garnish your wages. Both Chapter 7 and Chapter 13 Bankruptcy will put a stop to a wage garnishment. With a judgement, creditors may garnish up to 25% of your net wages.
In order for a creditor to garnish your wages, they must obtain a judgement first. In other words, the creditor must go to a court, file a lawsuit against you, and win before they can proceed to garnish your wages. How long can they garnish your wages (assuming they have a judgement), is determined by other factors.
When a creditor has a judgement and applies for garnishment with the court, paperwork will be sent to you and your employer. Your employer is required to respond within a specific time period and will give information about your wages / salary. If you stop wage garnishments before they contact your employer, it will save you some embarrassment.
Phoenix Bankruptcy Attorneys can stop your wage garnishment immediately and get you on the right path to a fresh start. Our attorneys can help you file an emergency bankruptcy filing in order to stop your creditors from taking your hard earned money. To learn more or to schedule a free bankruptcy consultations, give us a call at (480) 263-1699.
Our attorneys will help you protect your rights.
Connect with an expert attorney at our firm if you have questions about the wage garnishment process. You have the right to object to the garnishment by requesting a hearing with the court. If you prevail at this hearing you can successfully stop wage garnishments before they happen. At this point, the hearing is typically not to ask for a reverse decision in wage garnishment, but instead to give reasons why you would be a hardship case or other reasons why the amount should be reduced.
When Can Your Wages Be Garnished?
In most cases, a creditor must first get a court judgement that states you owe them money. A wage garnishment order cannot be obtained without this judgement. So, if you owe on a medical bill, for example, this creditor cannot garnish your wages unless they sue you and receive a judgment. Stop wage garnishments by contacting the debt relief experts at My AZ Lawyers.
There are exceptions when your wages can be garnished without a court judgement:
- Child support obligations (court ordered)
- Unpaid income taxes
- Defaulted student loans
How much of your wages may be garnished?According to Arizona law, up to 25% of your take-home paycheck (net paycheck, after taxes) may be garnished by a creditor. 25% is the maximum amount they can garnish from a paycheck in Arizona. The court may reduce the amount if you are able to justify serious hardship or other circumstances that prevent you from paying the maximum garnishment amount.What if you have more than one creditor with a judgement against you pursuing a wage garnishment? The maximum is 25%, so if your wages are already being garnished, the other creditors will have to wait on hold. Also, filing bankruptcy in Arizona will stop wage garnishments that are already in place. Even if you have been paying on a wage garnishment for months or years, you can stop wage garnishments right away by filing chapter 7 or chapter 13 bankruptcy. Contact one of our expert bankruptcy lawyers or debt relief attorneys right away.
We Can Stop Garnishment Immediately
Stop Wage Garnishment in Arizona: your options
Another option to consider is to to challenge the judgment and try to overturn it. To pursue this option, a motion needs to be filed with the court to set aside the judgment. There are several considerations and legal aspects that make this option a bit more difficult to seek, and in some circumstances, it is just not appropriate or feasible. By reviewing your situation, one of our experienced bankruptcy lawyers can help you determine if your judgement may be invalid.Option two to stop wage garnishments is negotiation. You may consider a settlement with the creditor. If a legal and binding settlement can be reached, the garnishments may stop. Your best chance for settlement is to do so with an attorney. Our attorneys have experience in debt settlement with creditors, and we can indicate the legal grounds for challenging a judgement. We can articulate why the garnishment should be stopped.Filing a bankruptcy petition will immediately stop wage garnishments in Arizona. This is the most powerful means to stop a garnishment, however, it is not the only option. Contact an attorney at our firm and we will evaluate your situation and better be able to provide you with options suitable and effective for your needs.
FREE CASE EVALUATION with a Phoenix Bankruptcy attorney (602) 509-0955
- Restore full paycheck / wages
- Stops garnishment of paycheck / wages
- Puts an end to collection calls and harassing correspondence by creditors
- Prevents: repossessions, foreclosure, lawsuit judgements, tax levies, and tax liens