A common question debtors have is, can I get rid of wage garnishment by filing bankruptcy? Wage garnishment occurs when creditors reach out to your employers to go about collecting the debts that you currently owe them. In California most creditors cannot get a wage garnishment order until they have obtained a court judgment stating that you owe them money.

If you are behind on credit card payments or owe a doctor’s bill, those creditors cannot garnish your wages unless they sue you and get a court judgment. With every rule however, there are exceptions. Your wages can be garnished without a court judgment for: unpaid income taxes, court ordered child support, child support arrears and defaulted student loans. People who are currently experiencing wage garnishment commonly seek the assistance of a bankruptcy lawyer because in the long run it may be a more affordable option to pay an expert than it would be to have your wages garnished month after month until your debt is paid off.

A wage garnishment can interfere with a person’s peace of mind. Some of the most common wage garnishment solutions include; contacting a bankruptcy attorney, filing for chapter 7 or chapter 13 bankruptcies, debt consolidation and debt negotiation. Filing chapter 13 or chapter 7 bankruptcies can provide one of the quickest forms of relief for debtors who are experiencing wage garnishment.

Once bankruptcy has been filed, wage garnishment will be stopped and you will be given time to reorganize your debts and structure new payment plan. Once a garnishment has started, it is not too late to stop it. A bankruptcy attorney should be contacted right away if you are looking at potential wage garnishment or if money is already being taken from your paycheck to pay a creditor.

Wage garnishment can make it impossible to pay essential living expenses and if this is your case, it is imperative that you have an experienced bankruptcy lawyer by your side to assist in making sure your rights are being guarded.

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