Wage garnishment is a devastating financial blow that usually comes long after a person has begun experiencing financial difficulties, so it has even greater impact and can rob a person of their ability pay essentials like rent, or mortgage, and car payments at the worst possible time. If you are facing wage garnishment, seeking the assistance of a reputable bankruptcy lawyer in Miami can offer a way to halt the garnishment and regain control of your finances. In this article, we’ll explore the impact of wage garnishment, how it works, and how a skilled bankruptcy lawyer can help protect your income through bankruptcy.

Understanding Wage Garnishment

Wage garnishment is a legal process through which a creditor can collect a portion of an individual’s earnings directly from their paycheck to be applied to an outstanding debt. This process occurs after a creditor has obtained a court judgment against the debtor and is typically used at the same time the creditor garnishes the debtor’s bank account!

The Impact of Wage Garnishment

Wage garnishment can be financially crippling, as it reduces the amount of income you take home (typically by more than 25%), making it even more challenging to cover living expenses, bills, and other financial obligations. Furthermore, the embarrassment and stress associated with your wage garnishment possibly becoming common knowledge at your workplace can take a toll on your emotional well-being.

How a Bankruptcy Lawyer in Miami Can Help

If you are facing wage garnishment, a bankruptcy lawyer can provide invaluable assistance and guidance to help you regain control of your finances.

Here’s how they can help:

• Claim of Exemption and Request for Hearing BEFORE Bankruptcy: If you are head of family as defined by Florida Statute (that is, if you provide more than one-half of the support for a child or other dependent),  we can prevent the creditor from garnishing your wages without filing a bankruptcy.
• Automatic Stay: One of the most significant benefits of filing for bankruptcy is the automatic stay. Once you file for bankruptcy, an automatic stay is immediately enacted, halting all collection actions, including wage garnishment. This means that creditors must stop taking money from your paycheck, providing you with much-needed relief and time to assess your financial situation.
• Chapter 7 Bankruptcy: A skilled bankruptcy lawyer can evaluate your financial circumstances and help you determine if Chapter 7 bankruptcy is the best option for you. Through Chapter 7, some of your debts may be discharged, freeing up more of your income to cover essential expenses.
• Chapter 13 Bankruptcy: If you don’t qualify for Chapter 7 or need a more comprehensive debt repayment plan, Chapter 13 bankruptcy might be a better fit. Your attorney can help you devise a manageable repayment plan, which will include catching up on past-due debts while ensuring wage garnishment does not continue during the repayment period.
• Negotiation with Creditors: A bankruptcy lawyer with negotiation skills can work with creditors and possibly stop the wage garnishment outside of bankruptcy. They can explore potential settlement options or other agreements to resolve the debt without further legal proceedings.
• Legal Expertise: Navigating the bankruptcy process can be complex, and any misstep can have significant consequences. An experienced Miami bankruptcy lawyer brings in-depth legal knowledge and expertise to your case, ensuring that your rights are protected and that you make informed decisions about your financial future.

Wage garnishment can turn your financial situation upside down, making it challenging to maintain a decent standard of living. However, a bankruptcy lawyer in Miami can provide the expertise and support you need to put a stop to wage garnishment and regain control of your financial life. Whether through Chapter 7 or Chapter 13 bankruptcy, your attorney will help you to protect your income, discharge eligible debts, and pave the way for a fresh financial start.

If you’re facing wage garnishment, your financial situation is already at a very late stage and you shouldn’t wait for it to worsen any further. Consult with a reputable bankruptcy lawyer today and take the first step towards reclaiming your financial freedom.