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Ending Wage Garnishment Through Bankruptcy

If you are unable to pay off your debts within a certain period of time, your creditor may demand that a portion of your income be directly applied to their debt until it is fully paid off. It can be devastating to have a portion of your paycheck taken away by a wage garnishment. Our South Jersey bankruptcy attorneys at McDowell Posternock Apell & Detrick, PC have over 80 years of combined experience and help clients to stop wage garnishments. We will do everything we can to stop your wage garnishment and help secure your financial future.

How Declaring Bankruptcy May Help

Wage garnishing means a creditor received an order from a judge to take money directly from your paycheck – filing for bankruptcy allows you to get a federal order to overrule the wage garnishing.

An automatic stay goes into effect the moment you declare bankruptcy. Once you file petition the wage garnishment will stop immediately and your creditor will no longer be able to harass or threaten you. If you file within 90 days of when the garnishment started, you also may be reimbursed for the wages already removed from your paycheck.

You can stop wage garnishment through filing either Chapter 7 or Chapter 13 bankruptcy: both Chapter 7 and Chapter 13 require wage garnishments to stop immediately upon filing.

The one exception is child support – if you owe child support payments, bankruptcy will not stop the wages from being removed from your paycheck until you fully pay off what you owe.

Why should I seek legal assistance in stopping wage garnishments on my paycheck?

  • To have a professional by your side to analyze your situation and help determine what type of bankruptcy to file.
  • To halt further reductions to your paycheck.
  • To have an experienced third party communicate with your creditor for you.
  • To possibly obtain reimbursement for wages already removed from your check.

Seek bankruptcy advice with a free phone consultation

Tackle your debt and reclaim the full income you deserve with the experienced South Jersey bankruptcy attorneys at McDowell Posternock Apell & Detrick, PC. Call us or fill out our contact form to schedule a free phone consultation.

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We closed our house sale yesterday with Melanie Levan. She was so professional, knowledgeable and great to work with. I felt as if she was looking out for us like family. I highly recommend her.

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Our Awards

McDowell Posternock Apell & Detrick attorneys have received recognition from various groups and publications. Specific awards are noted on our attorney bios. More information about each of these awards and the methodology used for selection can be found on the following links. Super Lawyers, Awesome Attorneys, South Jersey Biz Best Attorneys in Business. No aspect of these accolades has been approved by the Supreme Court of New Jersey.

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For immediate assistance during business hours, call us at (856) 861-3474.
*Bankruptcy consultations may be scheduled in person

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