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Oakland Wage Garnishment Lawyer
Stop Wage Garnishment With An Experienced Bankruptcy Attorney
If you are working and have fallen behind on your credit obligations, then it is possible that you may face a wage garnishment from one or more of your creditors. This can be a terrifying prospect for many people but fortunately filing bankruptcy with an experienced Oakland lawyer can provide immediate relief in most cases. Attorney Melanie Tavare has years of experience helping people in the San Francisco Bay Area stop wage garnishments and regain their financial footing by filing bankruptcy. When it comes to your money, you want a professional who knows how to fight for your rights and that is exactly what you get at the bankruptcy Law Offices of Melanie Tavare.
What Is A Wage Garnishment?
A wage garnishment is a court order directed to your employer instructing them to withhold a certain amount of money from each of your paychecks to send to your creditor. In most cases this can only be done through a court order after your creditor has first sued you in state court and received a judgment. However, there are limited circumstances in which a creditor does not need a court order to withhold money from your paycheck. These situations include: unpaid income taxes, court ordered child support and child support arrears, and defaulted federal student loans.
What Is The Legal Process Leading Up To A Wage Garnishment?
In general, in order for a creditor to garnish your wages they have to sue you first in state court. Once you are served with the Summons you have 30 days to respond to the lawsuit. If you don’t respond, after the 30 days the creditor can ask the court for a default judgment. The creditor can then use that default judgment to obtain a wage garnishment order against you.
How Much Money can a Wage Garnishment Take From my Paycheck?
In California, a creditor is allowed to garnish 25% of your net income or disposable earnings. This means that they can take up to 25% of whatever is left in your check after your employer has withheld the necessary deductions.
When you file a Chapter 7 or 13 bankruptcy, an automatic stay takes effect immediately. In the context of a wage garnishment, this stay prohibits your creditor from continuing to garnish your wages while you are in bankruptcy. Once your bankruptcy is discharged, the creditor can no longer collect against you.
Can I get my Garnished Wages Back After Filing Bankruptcy?
Often times the sheriff’s department who is administering the garnishment holds garnished wages for 20 days before sending them the creditor. The Law Offices of Melanie Tavare will work hard to get your money back in these situations, although it is not guaranteed.
Can I Lose my Job if my Employer Receives a Wage Garnishment Order?
California law protects you from job loss due to an initial wage garnishment. However, if you receive more than one wage garnishment your employer has the right to terminate your employment.
Is There Anything I Can do to Stop a Wage Garnishment Other Than Filing Bankruptcy?
You may file with the sheriffs department handling the garnishment a claim of exemption. This claim of exemption is based on California law and requires you to list all of your living expenses. Once you have done this, the sheriffs department will make a determination on whether to reduce the amount of the garnishment, keep it the same, or eliminate it completely.
Contact us Today
If you are facing a wage garnishment, don’t let your creditors intimidate you. Hire an attorney who will stand up to your creditors and fight for your rights. Contact the Law Offices of Melanie Tavare for a free consultation and make the decision today to have a better tomorrow.
The Law Offices of Melanie Tavare is a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
"Melanie is the best she very responsive and helpful throughout the process everything was taken care of smoothly. If you are thinking of going through bankruptcy she is the best attorney for you. I will forever be grateful having the chance to work with her. She is very honest too."
"I can't thank Melanie enough for helping me through a challenging process and doing so with incredible knowledge, professionalism and tenacity! She went to great lengths to keep me informed, she responded quickly to my questions, and communicated in terms that I could understand. I highly recommend getting in touch with Melanie should you have the need."
"Choosing to work with Atty. Melanie has been one of the best decisions I've ever made. She was a very patient professional to work with and attentive while providing valuable solutions to all of my concerns. If you are searching for of an Attorney who is knowledgeable, transparent, and diligent - well that's Atty. Melanie."
"What I liked about working with Melanie was how prompt and easy to work with she was. She made the process clear and understandable with as little stress as possible. I would work with her again and recommend her to others."