You work hard every single day. You may even have a second or third job just to make ends meet. You are struggling to pay your bills. Then, suddenly, your boss tells you that they just received “papers” and have to start garnishing your check. You think to yourself, “How am I ever going to pay anyone back if a big chunk of my paycheck is missing? I’m barely making it as it is!”
When it rains it pours, doesn’t it? It almost feels like life enjoys kicking you while you are down. The bad news is that you will be unable to fight it because a judgment has already been entered against you and therefore the time for fighting has passed. The good news is there is still a possible way out of the garnishment and that is filing a Bankruptcy.
To explain how it works, first the “Automatic Stay,” must be explained. As soon as you file a Bankruptcy case you are under the protection of something called the “Automatic Stay.” Think back to childhood and think of it like “base” in a game of tag. You can’t be tagged as long as you are on “base” and in a similar fashion your creditors cannot collect from you while you are under the protection of the Automatic Stay. Another way to think about it is like an umbrella or a protective bubble. You are safe from the clutches for creditors while you are under this umbrella/in this bubble and any attempts to collect, including garnishments, must come to a stop. In addition to stopping the garnishment, you will receive the additional benefit of getting a “time-out” to finally get a little room to breathe.
If you have been informed you are about to be garnished, or you have been served by a Creditor who is taking you to Court over a debt, contact RS Law today for your free consultation. Sooner is usually better than later, especially if you are under threat of being garnished.