Garnishment Lawyer Glendale, AZ

Every year there are thousands of people who file for personal bankruptcy to help get their debts organized and discharged. The decision to initiate bankruptcy is not an easy one, and debating whether to make this choice is normal. Most people want to pay their debts if they can. The desire to pay may leave someone borrowing from one creditor to the next, meeting minimum monthly payments, never decreasing their balance on an account, or taking out payday or cash advance loans with high interest. Oftentimes, someone will get to the point where they realize that filing for bankruptcy is the last and most beneficial choice. Our Glendale, AZ garnishment lawyer never judges any person for wondering if bankruptcy is right for them. If you have questions about what filing for bankruptcy would entail, reach out to us at Marty Martin Bankruptcy Law today for a consultation.

Wage Garnishment

When a debt is past due, the lender has an option to demand payment. If someone is not able to fulfill the balance and cannot negotiate a new payment plan, the lender may file a lawsuit and collect judgment for amount owed. After the lender has received a judgement, they can collect in several ways. They can repossess the collateral or put a lien on someone’s property. As our garnishment attorney has seen, they can also request a garnishment of someone’s wages until the debt is paid. Wage garnishment can be burdensome because this money will come directly from the paycheck, leaving the debtor with less money for necessities and household items. Our bankruptcy lawyer knows this can perpetuate a cycle where creditors continue to garnish and cause the person to suffer.

What To Do Next

There are options to alleviate wage garnishment after it is set in place, but the most important thing to do is consult with our garnishment attorney about filing for bankruptcy as soon as you conclude that you are unable to pay your debts. Delaying or putting off finding a solution may only make matters worse. Take action by meeting with our Glendale garnishment lawyer at your next convenience. We can review your situation and suggest what to do next so that your financial freedom is protected. We can imagine the stress you may be under with the amount of debts you have and the garnishment process. Let us alleviate the worry by informing you of your options.

Marty Martin Bankruptcy Law

At Marty Martin Bankruptcy Law, we have solutions for impending garnishments, being served a lawsuit, bad credit, facing foreclosure, vehicle repossession, divorce, a lost job, and more. Our Glendale garnishment lawyer understands that life can happen in unexpected ways, and having a legal team work for your benefit can make it much easier to go through. You can depend on us to provide sound guidance that you can depend on to make a positive difference in your life. Things may feel overwhelming and hard now, but it can and will get better. Contact us today so we can offer support right away.

Legal Defenses Against Wage Garnishment You Should Know

Our Glendale, AZ garnishment lawyer can help you understand your rights and available defenses. Wage garnishment can create serious financial stress, making it difficult to cover everyday expenses. When creditors secure a court order to deduct payments directly from a paycheck, it can feel like there are few options left. However, legal defenses exist that may reduce or stop garnishment altogether.

Errors In The Legal Process

Creditors must follow strict legal procedures before garnishing wages. If there are errors in the paperwork, improper service of the lawsuit, or missing documentation, the garnishment may be stopped. Courts require valid judgments before allowing wage deductions, and any missteps in the process can serve as a defense. Reviewing all legal notices for mistakes can sometimes lead to the dismissal of the garnishment order.

Exempt Income And Hardship Claims

Certain types of income cannot legally be garnished. Social Security benefits, disability payments, and some types of pension income are often exempt under federal and state laws. Additionally, if losing part of a paycheck would create extreme financial hardship—such as an inability to afford housing, utilities, or essential medical care—the court may allow for a reduction or removal of the garnishment. Providing documentation of financial hardship can strengthen this defense.

State Laws Offering Additional Protection

Each state has its own laws governing wage garnishment, including limits on how much can be taken. In some cases, state regulations provide stronger protections than federal law. If creditors attempt to garnish more than allowed, or if state-specific exemptions apply, the garnishment may be challenged. Glendale residents should review local laws or seek legal assistance to determine whether they qualify for additional protections.

Bankruptcy As A Legal Option

For individuals facing overwhelming debt, bankruptcy may provide relief from wage garnishment. Filing for bankruptcy triggers an automatic stay, which halts most collection efforts, including wage deductions. While this is a significant financial decision, it can provide an opportunity to restructure or discharge debts. Depending on the type of bankruptcy filed, some garnished wages may even be recoverable.

Disputing The Debt Itself

If a garnishment is based on an incorrect or disputed debt, there may be grounds to challenge it. Creditors must prove the debt is valid and that the correct amount is being collected. If a mistake in the balance, identity, or payment history exists, the garnishment could be overturned. According to our skilled Glendale garnishment lawyer, requesting proof of the debt and reviewing all records can be an important first step in challenging the claim.

Taking The Right Legal Steps

Wage garnishment can create immediate financial strain, but defenses exist that may protect a paycheck. Acting quickly is key, as some defenses require filing objections within a specific timeframe. Wright Law Offices has over ten years of experience helping individuals explore legal strategies to protect their income. If you’re facing wage garnishment, contact our Glendale garnishment lawyer today for a free consultation to discuss your options and take steps toward financial relief.