Stop Wage Garnishment
When you’re facing times of economic uncertainty, the last thing you need is to have your income compromised. Unfortunately, wage garnishment can do just that. Garnishment is the legal process by which a creditor obtains a court judgment permitting them to obtain up to 25 percent of your wages to pay your debt.
Wage garnishment can seriously impact your ability to pay your other debts and provide for yourself or your family, but you are not powerless against it. You have options, and the legal advice provided by our bankruptcy attorneys in New Mexico can help you make the best decision for your situation.
How You Can Stop Garnishment
- Claim exemption.
Some of your wages or income may be exempt due to the type of income received. For example, Social Security and disability payments are generally considered exempt. Additionally, if you and your family cannot meet your basic needs without your wages, the creditor will be limited in the amount they can garnish per pay period. - Pay the debt.
By paying your debt in full, either through a consolidation loan or other means, you can stop wage garnishment. However, and this solution is not always possible for all people or situations. - File for bankruptcy.
Chapter 7 and Chapter 13 bankruptcy can both stop collection attempts by putting the automatic stay into effect.
Bankruptcy law supersedes state law and is ultimately the only way to stop wage garnishment. If you are able to file bankruptcy within 90 days of the initiation of your wage garnishment, we may even be able to recover a portion of these funds.
You don’t have to face debt alone. The New Mexico bankruptcy attorneys at Melwani Law understand the complexities of financial difficulty and can provide you with the assistance and support you need to help get you through this time.
If you are facing wage garnishment, contact Melwani Law today for a free initial consultation to learn more about your options.