Wage garnishment is a legal process where an employer withholds a portion of a debtor’s wages in order to repay creditors. If you are facing wage garnishment, an experienced Northwest Georgia bankruptcy lawyer from Bournakis and Mitchell, P.C. can examine the facts of your situation and help you seek a beneficial outcome.
Call today at (706) 350-6075 to learn more about our services.
No matter how far behind a debtor is on payments, the lender or creditor must schedule a court hearing. Most jurisdictions require notification of the debtor regarding the time, date, and place of the hearing. During the hearing, the creditor must provide evidence that the debtor owes money and that the debtor has failed to make the required payments. If the court agrees, it will order the debtor’s employer to withhold a certain amount from the debtor’s earnings to repay the debt.
Typically, the employer must notify the debtor in writing before the wage garnishment begins. As a severe consequence, wage garnishment usually continues until the debt is completely paid off, but there are certain protections for the debtor under federal and state laws. The Consumer Credit Protection Act (CCPA) mandates that wage garnishment cannot exceed 25% of the debtor’s disposable earnings each week. In addition, debtors cannot be fired due to wage garnishment.
At Bournakis and Mitchell, P.C., our reliable Northwest Georgia bankruptcy attorney can provide legal advice and represent you in court.
If you cannot make an arrangement to avoid wage garnishment, having the proper documentation can make a difference in the court hearing and may enable you to request that the court review the garnishment order. This documentation includes proof of attempted payments, proof of income and expenses, and proof of attempting to negotiate a different payment schedule.
Our experienced Northwest Georgia bankruptcy lawyer can help you gather the proper documentation and represent you in court. We strive to provide the best legal counsel available to help our clients seek a positive solution.
Call today at (706) 350-6075 for a free consultation.