Garnishment Lawyer in Salt Lake City
Helping Clients to Stop Wage Garnishment in Utah
When a creditor obtains a legal judgment for an unpaid debt, there are numerous ways that the creditor can try to enforce payment of the judgment. One common method of collection is to seek a wage garnishment. Private creditors will need to request permission for a garnishment from the court, while creditors such as the IRS can obtain one without even having a judgment.
Suddenly learning that your wages have been garnished can be stressful. Many people form their budgets around their income and any difference in income can affect your ability to pay your bills. In this way, wage garnishments can create many additional financial problems. The good news is that an experienced wage garnishment lawyer at JLT Law in Salt Lake City is here to help you.
How Bankruptcy Can Stop Wage Garnishments
Wage garnishments can be difficult to stop under many circumstances. However, if you decide to file for Chapter 7 or Chapter 13 bankruptcy, the court will issue an immediate order for an automatic stay to go into effect. The automatic stay orders that all efforts to collect your debts come to a halt – and this includes wage garnishments. In addition, if you believe your wages may be garnished in the near future, filing for bankruptcy can prevent the creditor from obtaining the garnishment. Finally, bankruptcy can result in the discharge of the debts and legal judgments you owe, which means the creditors cannot continue to garnish your wages after your case is resolved.
Bankruptcy cannot stop all garnishments, such as for child support or certain tax debts. However, it can be a solution in many situations and an experienced bankruptcy attorney can identify whether this is the best move for you to stop your wage garnishment.
How To Stop a Wage Garnishment in Utah
Did you receive an order for wage garnishment? There are also ways to protect your wages before filing for bankruptcy.
Ways to stop garnishment without bankruptcy:
- If the garnishment is not valid, challenge it. Act immediately because you have 14 days from the date the garnishee mailed or delivered the notice to you to respond. Complete the Reply and Request for Hearing form and follow the instructions on the garnishment. Be sure to make a copy to keep for your own records. If you need help, do not hesitate to reach out to a Salt Lake City garnishment attorney at JLT Law by dialing (801) 896-9444. We would be happy to help and your initial consultation is free.
- Pay off the owed amount as a lump sum or via wage garnishment.
- Negotiate a debt settlement or repayment plan. Contact your creditor or debt collector and explain your financial situation. Work out an agreement that allows you to make reasonable payments over time. When the payment plan is settled, then the garnishment may be stopped.
- Claim some income as exempt. Certain types of income are exempt from garnishment. If the funds being garnished are exempt, then you may file an exemption claim and request the age garnishment to be stopped.
Below are some examples of exempt income in Utah includes:
- Social security benefits
- Supplemental security income (SSI) benefits
- Workers’ comp benefits
- Medical care benefits
- Veteran’s benefits
- Certain retirement benefits
- Public assistance
- Child support
- Spousal support
- Burial plot for you and your family
Want more advice on wage garnishment? Contact our experienced attorneys at JLT Law today via online form or call (801) 896-9444.