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Wage Garnishing After the Default Judgment: Does Your Employer Have the Correct Information?

wage garnishment
  • Jul 8 2019

As household debt in the US continues to ascend to new historical levels, mortgage debt continues to rule the number one spot in terms of monthly payments for consumers; however, student loans are now the second highest burden that borrowers must bear, taking a large chunk out of the budget for most individuals who were forced to take on massive loans just to get an education. With so many individuals and families under strain, the topic of debt is a common one for most of us, although if you find yourself in an overwhelming situation of financial distress, you may be tempted just to try and forget about it as much as possible.

Procrastination begins in the smallest of ways, as you begin to ignore the mail more, along with neglecting to answer the phone at all once debt collectors take over with continual calling and harassing. Unfortunately, putting off dealing with debt is the worst thing you can do. The sooner you act, the sooner you can be on your way to greater financial freedom—and peace of mind, finally.

If finances have already escalated to the point of collections lawsuits, though (from a credit card company for example), you may be confused about the best way to handle the summons and complaint, along with responding and launching a defense. At this point, it is critical to have legal assistance. A skilled collections attorney from a firm like Fitzgerald & Campbell, APLC can help you handle the entire legal situation comprehensively, acting in your best interest and offering protection against aggressive creditors and debt collections agencies. You may be pleasantly surprised to see how easy it is to win your case also, as it may take little more than requesting the plaintiff to prove their standing to sue you—or to offer documentation for your account from the beginning (challenging for a debt collections agency that may have purchased accounts in volume ‘as is’).

If, however, you do not speak with an attorney and a default judgment is granted against you, the creditor could have already moved on to garnish wages. If you do not want to fight for default judgment, and you agreed to allow the debt to be satisfied by such measures – which can be quite aggressive – be certain that the information your employer has received regarding garnishing wages is correct. This means that the information on the default judgment must be correct along with what is sent in the court order to your employer as they begin to take up to 25% of your disposable income. Again, a good attorney will be able to help you.

If you are finding it difficult to pay your bills, or are being sued, or have judgments granted against you, contact us at Fitzgerald & Campbell, APLC. We can review your current situation and discuss your options with you, whether that means fighting in court, negotiating a settlement, filing for bankruptcy, or more. Our attorneys have decades of experience representing clients in all types of financial matters, and we are here to help you! Call us today for a free consultation at (855) 709-5788 or email us at info@debtorprotectors.com.

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Posted in: Judgments