Morristown Wage Garnishment Attorney
Using the Automatic Stay to Protect Your Earned Wages in New Jersey
Navigating the complexities of wage garnishment can be a daunting experience. At Ast & Schmidt, P.C., our seasoned team of attorneys specializes in providing comprehensive solutions for individuals facing wage garnishment issues in Morris County. We understand the financial strain and emotional stress that wage garnishment can bring, and we are dedicated to helping you regain control of your finances.
Call Ast & Schmidt, P.C. today at (973) 363-2260 or contact us online to schedule a consultation with our wage garnishment attorneys in Morris County.
What is a Wage Garnishment?
A wage garnishment is a court order requested by a creditor for collection purposes. In a garnishment, your employer will withhold a portion of your paycheck to send directly to the creditor until the resolution of the debt.
Common Debts That Result in Wage Garnishment
Common debts that can result in wage garnishment include:
- Child Support
- Student Loans
- Back Taxes
- Credit Card and Medical Bills
Keeping up with payments on a growing stack of bills is difficult when you are struggling financially. The debt trap can be especially hard to escape if your wages have been garnished. You may be left with so little that it is difficult to make ends meet, pay your bills, or provide for your family.
How Do Wage Garnishments End?
Filing a Chapter 7 or Chapter 13 bankruptcy provides a way to end most wage garnishments. A bankruptcy filing issues an "automatic stay," which stops most lawsuits and collection actions taken against you. This pauses foreclosure, utility disconnections, and wage garnishments.
Once the automatic stay is in place, you can expect the following:
- All collection efforts from debt collectors will end
- Creditors must petition the court with a valid and compelling reason to lift an automatic stay
- Obligations such as alimony and child support payments are considered primary debts that are not covered by the stay
- The automatic stay prevents wage garnishments until the case is discharged or dismissed
- Creditors cannot resume garnishing wages if the underlying debt was discharged in a bankruptcy
- Creditors can resume garnishments if a case is dismissed
If you have already had money deducted from your paychecks, a bankruptcy filing may even help you recover some of that money. In this case, you will need to take action as swiftly as possible. Only the deductions made during the 90 days before filing bankruptcy can be recovered.
How Our Morris County Wage Garnishment Attorney Can Help You
Our wage garnishment lawyers in Morris County may include:
- Negotiating with Creditors: We are committed to protecting your rights and working towards a resolution that benefits you. We will engage with creditors on your behalf, negotiating to reduce the amount subject to wage garnishment or exploring alternative repayment plans. Through effective communication and strategic negotiation, we aim to alleviate the burden on your finances.
- Challenging Unfair Garnishments: In some cases, wage garnishment may be initiated improperly or without proper legal grounds. We are well-versed in identifying these situations and will vigorously challenge unfair garnishments. We analyze the details of your case, ensuring that every legal avenue is explored to protect your interests and financial well-being.
- Filing for Exemptions: Certain circumstances may qualify you for exemptions from wage garnishment. We will assess your situation and guide you through the process of filing for exemptions, such as those related to financial hardship or family support obligations. We work diligently to help you retain as much of your income as possible.
- Ongoing Legal Support: Our commitment to you goes beyond resolving immediate wage garnishment issues. We offer ongoing legal support to help you rebuild your financial stability. Whether you need assistance with debt management, credit repair, or future financial planning, we are here to guide you every step of the way.
Contact Our Wage Garnishment Attorney in Morris County Today
Ast & Schmidt, P.C. has been helping people stop garnishments for decades. Our attorneys are highly skilled and committed to making the bankruptcy process as easy as possible. We can work tirelessly to ensure the automatic stay starts immediately. Our team can help you start on the path toward financial recovery and freedom.
If you would like to know more about how bankruptcy could reshape your financial future, please schedule a free consultation at our office by calling our Morris County wage garnishment lawyers at (973) 363-2260 today.