Stopping Wage Garnishment: A few things to be aware of

July 19, 2019
>> Bankruptcy, Debt

Not the kind of garnish we’re talking about

Stopping wage garnishment is often the trigger that leads New Yorkers to seek out a New York bankruptcy attorney. If you were avoiding your financial problems before, the possibility of payroll garnishment forces you to wake up and figure out your next step.

Below are several things to be aware of if you wish to avoid wage garnishment:

1. Once you’re delinquent on a debt, you will most likely receive a high volume of phone calls from the creditor for a period of 60 to 90 days in an effort to collect the debt from you. While this may be personally very stressful for you, it is important to realize that wage garnishment doesn’t result from these calls.

2. The next step is calls from a collection agency. This happens when your creditor decides it won’t be able to collect the debt itself and sells your debt to a third-party collection agency. These guys are professionals and know how to scare people into paying. They will likely call you often over the next 90 days. Again, this may be very personally stressful for you. However, legally they’re not allowed to make threats or say anything to you that’s not true. Also, you can write a letter to them requesting that they no longer call you, and they are legally obligated to honor that request. (Of course, that doesn’t mean they always do.) The long and the short of this, however, is that the collection agencies do not handle the wage garnishment.

3. Payroll garnishment eventually happens if the collection agency gives up and decides to hand over your case to a wage garnishment attorney who handles these kinds of cases every day. The first step by the lawyer will be to sue you. That will enable them to get a judgment from the court permiting them to garnish your wages if you still have not paid your debt.

4. The only strategy at that point for halting a wage garnishment would be to file for bankruptcy.

If you have questions about the above and would like to avoid wage garnishment, please feel free to contact Bruce Weiner, an experienced bankruptcy attorney Brooklyn NY, for a free initial consultation.

Bankruptcy, Brooklyn Bankruptcy, Debt collectors, Eastern District of New York, Manhattan bankruptcy, New York Bankruptcy, New York Bankruptcy Lawyer, Southern District of New York

Rosenberg, Musso & Weiner, L.L.P
26 Court St # 2211
Brooklyn, NY 11242, USA
718-855-6840
http://nybankruptcy.net/

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