Bankruptcy attorney Michael Primus says, “The single most common triggering event for a personal bankruptcy is a wage garnishment.” A wage garnishment is a court order requiring money to be taken directly out of a person’s paycheck and paid to a creditor. In Contra Costa County, many people live paycheck to paycheck and need every nickel. Fortunately, bankruptcy can stop a garnishment. So, whether you live in Antioch, Brentwood, Oakley, Martinez, Concord, Richmond, or Hercules, you have rights!
Filing personal bankruptcy, whether Chapter 7 or Chapter 13, gives a person immediate protection from most creditors. This protection is called the Automatic Stay and it stops foreclosures, collection lawsuits, wage garnishments (except for child support or alimony), and certain other collection activities.
When one of my Contra Costa County bankruptcy clients is having their wages garnished, the same day my office files a bankruptcy we immediately send fax notifications. We inform the creditor and the sheriff of the bankruptcy, and let them know the garnishment must stop immediately! We demand prompt compliance with the law. Ideally, not another dollar would be garnished from our client’s paychecks.
Unfortunately, stopping a wage garnishment can take a few days. Many employers are reluctant to comply until they confirm with the sheriff’s office that the wage garnishment must be stopped. The sheriffs’ offices, like so many public services, are understaffed. Therefore it may take a couple days for the sheriff’s office to communicate with the employer. Polite and persistent is the key to getting results with the sheriff’s office. The creditor is ultimately responsible for the garnishment and must return any money garnished after bankruptcy.
At the Law Office of Michael Primus, we have helped hundreds of clients get out of debt, stop wage garnishments, and start fresh through bankruptcy. If you live in Contra Costa County and have been sued or are having your wages garnished due to a civil judgment, bankruptcy can help.
Call now for a free in office consultation regarding bankruptcy. Offices in Walnut Creek, Antioch and Hercules.