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Wage garnishment is a process used by creditors to take a portion of your paycheck after obtaining a court judgment for money owed. The debtor’s employer is required to notify the employee of the garnishment and to obey the order or face a fine or even imprisonment in extreme cases.  Generally, creditors only use this process as last resort when negotiations or other demands for payment of a debt have been exhausted. 

With some exceptions, Federal law limits the percentage of a debtor’s disposable earnings that can be garnished to 25 percent, or the amount by which the debtor’s weekly wage exceeds 30 percent of the federal hourly minimum wage, or whichever amount is lower. Also, a state’s maximum limit may be less than the federal limit and takes precedence.  Moreover, if your wages are garnished for domestic support orders, the amount garnished could be considerably more.

A wage garnishment can be an embarrassing situation and can continue until the debts are paid or until another agreement is reached.  Fortunately, you can avoid this embarrassment by filing a Chapter 7 or a Chapter 13 bankruptcy.  Once the bankruptcy is filed, section 362 of the bankruptcy code imposes an automatic stay of all civil proceedings, including your wage garnishment, and may discharge the garnishment.

If a creditor wants to resume collection, it must ask the court to lift the stay.  The court will only lift the stay if it has a valid reason to do so.  However, the automatic stay will not apply to domestic support obligations such as child support or spousal maintenance.

Once you receive the discharge and the underlying obligations for the wage garnishment was included in the discharge, the creditor can no longer resume the garnishment to collect the debt.  If your case is dismissed without a discharge, then the creditor can continue the wage garnishment.

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  • Phoenix Office – New
    Wright Law Offices 
    2999 N. 44th St., Ste 600
    Phoenix AZ 85018 

    Telephone: 602-456-6085 / 866-703-3287
    Phoenix Law Office
  • Phoenix Office – Old
    Wright Law Offices 
    668 N. 44th St., Ste 320
    Phoenix AZ 85008 

    Telephone: 602-456-6085 / 866-703-3287
    Phoenix Law Office
  • Scottsdale Office 
    Wright Law Offices 
    7135 East Camelback Road, Ste 230
    Scottsdale AZ 85251 

    Telephone: 480-845-0145 / 866-703-3287
    Scottsdale Law Office

  • Tempe Office 
    Wright Law Offices 
    2238 S. McClintock Dr.
    Tempe AZ 85258 

    Telephone: 480-845-0145 / 866-703-3287
    Tempe Law Office

  • Avondale Office
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    12725 W Indian School Rd, Suite E-101
    Avondale AZ 85392 

    Telephone: 623-258-4480 / 866-703-3287
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    4856 E. Baseline Rd.
    Suite #104
    Mesa, AZ 85206
    Telephone: 480-845-0145 / 866-703-3287
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    20325 N. 51st Ave., Suite 134
    Glendale, AZ 85308
    Telephone: 623-258-4480 / 866-703-3287
    Glendale Law Office

What our clients are saying…

TOP Rated PHOENIX BANKRUPTCY ATTORNEY

Mr. Wright and his staff were amazing. They made a negative situation a lot better and turned it into a positive. Could really tell they care helping people and I will refer their Phoenix Bankruptcy Attorney firm to friends and family. Thanks again.

Tara
TOP Rated PHOENIX BANKRUPTCY ATTORNEY

I called around looking for the right bankruptcy lawyer and came across Benjamin Wright. He personally called me for the consultation seeing how I live in Kingman AZ. He was very helpful from the start and his staff was very friendly and explained any questions I had, sorry for all the questions. I would definitely recommend Wright law offices, and I do!! Thanks for everything, you made what seemed like a hard thing to do simple!! You guys rock!!!

Steffanie
TOP Rated PHOENIX BANKRUPTCY ATTORNEY

Great lawyer, he really helped my mother out of a jam. She was totally new to bankruptcy and he talked with us for about an hour and a half to make sure she wouldn’t be worried.

Damian
TOP Rated PHOENIX BANKRUPTCY ATTORNEY

Ben is a kind and down to earth attorney. He worked around my busy schedule as a single mom (school, full-time job, and daycare pick up and drop off times). He explained absolutely everything to me and was good about e-mailing. I am writing this review as a THANK YOU.

Shannon
TOP Rated PHOENIX BANKRUPTCY ATTORNEY

I had a very positive experience with Attorney Wright. He or his staff returned my e-mails and calls promptly (even after business hours occasionally). His fees were reasonable. He was patient with me when I showed up in court missing an important document. He is aggressive, but fair and nice.

Jenna