There may be instances in which creditors have a legal right to seek garnishment of your wages. They cannot do this on their own, and everything must go through a court. You can stop wage garnishment in several ways. You may fight the creditor in court when they are seeking a judgment against you. Seeking bankruptcy protection can also put an end to wage garnishment. Schedule a free initial consultation with a Tampa bankruptcy attorney at Consumer Law Attorneys to learn more about how we can help protect your rights and potentially better your own financial situation.
How to Stop Wage Garnishment in Tampa
You can fight to stop the wage garnishment itself, either by fighting the actual legal action or by filing a case against the creditor who is trying to take part of your wages. Any creditor must follow certain steps under Florida law before they can garnish your wages, including:
- First, making an attempt to collect the debt from you
- Filing a lawsuit against you in court
- Obtaining a judgment against you at the conclusion of the case
- Asking the court for a garnishment order
- Asking your employer to enforce the order
You can fight the garnishment if you either do not owe the debt in the first place or the creditor has not otherwise followed the law. Showing up to defend against a lawsuit with the help of a debt collection attorney is a must.
Understanding Wage Garnishment in Florida
Your creditors have the right to take part of your wages to satisfy a debt that you owe them. Creditors must first go through the courts and then your employer before they can execute wage garnishment. Creditors do not have unlimited rights to garnish your wages because there are limits to their ability. For example, if you are a head of family, and you have less than $750 in disposable earnings per week, you are exempt from wage garnishment. However, you must file a sworn affidavit to qualify for relief under this exemption. There are also limits on the amount of money that can be garnished pursuant to the Consumer Credit Protection Act.
Using Bankruptcy to Protect Your Income
There is another way that you can protect your income from wage garnishment without having to directly fight the creditor in court. When you seek bankruptcy protection under either Chapter 7 or 13, there is an automatic stay that immediately goes into effect. Whether you make a full or “skinny” filing, all of your creditors must cease all efforts to collect upon your debt. Then, you may no longer have to pay the original debt back at all if it is discharged as part of the bankruptcy process. Even if you seek protection under Chapter 13, you would still gain breathing room and stop the garnishment. Then, you may pay the creditor back over an extended timeframe as part of an agreed-upon reorganization plan.
Filing Process and Timelines for Relief
You will begin to get some relief from wage garnishment and other collection efforts the moment that you file for bankruptcy protection. Then, the automatic stay immediately goes into effect, stopping all wage garnishment or efforts to do so right in its tracks. This protection lasts until the conclusion of the bankruptcy process. If you have filed for Chapter 7 bankruptcy, the process generally would conclude within 3-6 months. Then, you may have the debt discharged entirely, depending on the result of your bankruptcy proceeding, or whether the debt is one that can be discharged. Even if the debt is not discharged, you still get immediate relief, followed by time to pay your debt in a more manageable way, subject to the supervision of the bankruptcy trustee.
Talk to a Tampa Bankruptcy Lawyer for Immediate Help
Even if a creditor cannot garnish your wages to the fullest extent that they would like, there are still other measures that they can take that may make your life much more difficult. Bankruptcy may be an option that you should consider, especially if you cannot fully put a stop to wage garnishment. A Tampa bankruptcy lawyer can review your options with you to help determine your most effective course of action. You can potentially get relief from the debt that has left you struggling financially.
Make an Appointment with a Tampa Bankruptcy Lawyer
Schedule a free initial consultation with a Tampa bankruptcy attorney at Consumer Law Associates to begin to understand both your situation and your potential legal options. You do not have to endure wage garnishment that can keep you from being able to pay your bills and live your life. Call us today at (877) 241-2200 to speak with a lawyer and learn what you can do to help yourself.
