Oakland Wage Garnishment Lawyers
Bankruptcy is a solution to stop garnishment of your wages. The sooner a bankruptcy case is filed to sooner you will get the garnished money back. Schedule a FREE PHONE CONSULTATION or FREE OFFICE CONSULTATION with our Oakland wage garnishment lawyer and find out how bankruptcy can help. 1-877-963-9543
As soon as your bankruptcy case is filed the automatic stay takes effect and that will stop the garnishment of your wages. Depending upon the circumstances we may be able to get back some or all of your garnished wages. Part of the bankruptcy process is faxing the notice of bankruptcy filing to your payroll department, the levying officer and the law firm the judgment creditor is using the enforce the judgment obtain against you. It is imperative that each of these parties receives notice that you have filed for bankruptcy protection as soon as possible.
Sometimes we have clients come to us a couple days before the garnishment of their wages will begin. Realistically to stop the garnishment of your next check we need to provide notice to all the parties at least five days before the pay date. It is possible to stop garnishment a day or two before your pay date, but not always.
Once your payroll department is served with the earnings withholding order they will provide you with a copy and give you information about how to possibly reduce the amount that can be garnished. See Claim of Exemption Wage Garnishment for more information. If every cent of your net income is used to pay for housing, food and other necessary living expenses you should look into filing a claim of exemption to reduce or eliminate the garnishment without having to file for bankruptcy protection. You have a short period of time to claim any exemptions and the judgment creditor can choose to oppose the claim of exemption too. You will have to prove your expenses though and show that you cannot afford to be garnished.
With offices in Fremont, Oakland, San Jose, Redwood City and San Francisco we represent clients throughout the Bay Area including Alameda County, Albany, Berkeley, Dublin, Emeryville, Hayward, Livermore, Newark, Piedmont, Pleasanton, San Leandro and Union City.
By
Ryan
C. Wood