Stopping Wage Garnishments Through Bankruptcy

When you are behind on your finances and just trying to keep your head above water, wage garnishment can just make matters worse. Fortunately, we can offer a solution to keep you on your feet.

Bankruptcy stops wage garnishment. Union, New Jersey, attorney Andrew Wolfenson has almost 25 years of experience offering debt relief to clients in northern and central New Jersey from the law offices of Andrew M. Wolfenson, Attorneys at Law, in Union and Cedar Knolls.

Elizabeth Debt Relief Attorney

After creditors have obtained a judgment proving default on the debt and how much is owed, they have the opportunity to obtain a Writ of Garnishment in order to garnish your wages. At that point, this "writ" is given to your employer, who must then begin withholding wages as ordered. Under New Jersey law, as much as 25 percent of your disposable (net) earnings, or 10 percent of your gross paycheck, may be withheld; 50 percent if the debt is for child support.

In this situation, a bankruptcy filing may be your best option. Filing for bankruptcy stops wage garnishment because it stays (stops) all legal proceedings, effectively nullifying the court order granting your creditor the right to garnish your wages. Many kinds of debt are dischargeable through Chapter 7 relief. — but others, such as student loans and child support, are not. In contrast, a Chapter 13 bankruptcy filing offers the ability to re-organize your debt so that payments are more manageable.

In some cases, filing for bankruptcy may not be the best solution for your unique financial circumstances. If that is the case, other options available include:

  • Negotiation with your creditor in an attempt to reduce your debt and/or decrease the amount of your payments
  • Filing for a claim of exemption based on your income and expenses and any other circumstances that would justify reduction or elimination of the debt
  • Seeking to set aside the judgment

Our experienced and skilled debt relief lawyer can assist you in evaluating all of your options and choosing that which best meets your needs.

Free Attorney Consultation At Our Morris County File Chapter 7 and 13 Bankruptcy Law Firm

A seasoned Morristown debt relief lawyer can assist you with your questions regarding wage garnishment. To consult with Andrew M. Wolfenson, Esq. P.C., contact our office to make an appointment. Your initial meeting with a lawyer is free.

Se Habla Español Fala-se Português

We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.