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Wage Garnishments After Default Judgment: Can We Stop Them?

wage garnishments
  • Nov 28 2017

Like millions of others in the US, you may have been sliding by for years in paycheck to paycheck mode, but still able to maintain your credit score and pay all those bills. Most of us aren’t brought up as financial experts, but we understand what it takes to stay afloat financially and keep working toward goals such as a home, new(er) car, college tuition for kids, vacations, retirement, and more. You probably had good enough credit to take on a few cards, auto loan, mortgage or significant rent payment, and all the normal bills. This can all come crashing down quickly though due to problems out of our control.

A spouse, family member may have become sick and you may have taken time off to care for them. You may have been diagnosed with a debilitating illness, or hindered after an accident, unable to work temporarily or for good. Many consumers become unemployed or their marriages fall apart—along with the finances. Such crises are all too common, and unfortunately, as the bills pile up, your finances may continue to fall into distress. In reaching out to an experienced firm like Fitzgerald & Campbell, APLC, you can explore your options and find a solution to your problems—whether that is debt settlement, bankruptcy, or more. If your situation has already gotten to the point where you need help fighting a creditor lawsuit or a judgment that has been granted against you, Fitzgerald & Campbell can help with that too.

Once a creditor has proceeded to exercising their rights with a judgment, the real trouble starts. While up until now you may have been dealing with worrying about delinquencies, letting go of payments, and suffering at the hands of continually dialing debt collectors, that is nothing compared to having your checking accounts frozen, property seized, and the dreaded wages garnished. Creditors are usually within their rights to do all these things, with wage garnishment being particularly embarrassing. Suddenly, not only are you losing part of your very valuable paycheck, but your boss is in on the humiliating experience too. In working with an experienced judgment attorney, you have options:

  • Fight the judgment, beginning with filing a motion to vacate – if you have a good reason for not defending yourself against the lawsuit, along with a good reason to fight it, you may be able to force the creditor to back down or you may see the case dismissed quickly. This is a process you will need a skilled attorney for, however, as filing a motion to vacate can be more complex than many firms let on originally.
  • File for bankruptcy – in either Chapter 7 or Chapter 13, the automatic stay will force all debt collectors to stop with collections activities, and that usually includes wage garnishments.
  • Settle/Satisfy the judgment – if you can come up with the cash to settle the judgment, this is the easiest way to end any issues with the credit for good, and you may be able to do so at an extremely discounted sum.

If you are worried about credit card debt, a creditor lawsuit, or default judgment filed against you, contact Fitzgerald & Campbell, APLC as soon as possible. We can review your case and discuss all the available options with you. Our attorneys have decades of experience in serving clients as they navigate through challenging financial situations, to include debt settlement plans, bankruptcy, and more. Let us review your case and discuss what would work best for you. We are here to help!

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