Your Wages Have Been Garnished. What Next?
If your wages have been garnished by a creditor, filing bankruptcy will put an immediate stop to it. In some cases, our lawyers may even be able to get back money that has already by taken from you.
At the Law Office of Weiss & Schmidgall, P.C., in Merrillville, Indiana, we offer a free consultation with an experienced bankruptcy attorney to discuss your options after a wage garnishment. Our lawyers serve clients in Lake and Porter counties of Indiana, including those as far away as South Bend and Lafayette. We also work with clients in the Chicagoland area of Illinois.
What is a Wage Garnishment?
When you take out a loan you in Illinois, you are usually required to assign the lender the right to garnish your wages if you fail to make the payments. In Indiana, however, it takes a court order to garnish your wages.
Depending on the amount you owe, you will receive either a summons or a notice of claim from the court. The notice may be dropped off by the sheriff or sent to you by certified mail. Once you receive it, you will have only 23 days to respond. If you don't respond, the court will issue a default judgment for the creditor. The creditor will then have the legal right to garnish up to 25 percent of your gross (pre-tax) wages from each paycheck until the debt is paid off.
The following types of debts are responsible for most wage garnishments:
- Credit card bills
- Auto loan debt
- Medical bills
- Payday other types of unsecured loans
- Title loans
- Debts to former landlords for broken leases
Filing bankruptcy includes an automatic stay that will stop a wage garnishment. Within 90 days of the garnishment, our lawyers can usually get previously garnished wages returned to you.
Can I Be Jailed for Nonpayment of Debts?
You can't be jailed for nonpayment of debts. However, if the court orders you to appear at a Proceedings Supplemental Hearing and you don't show up, the court can charge you with contempt and issue a bench warrant for your arrest. Our lawyers may be able to get that warrant lifted and recalled, thus preventing your arrest.
Free, Confidential Attorney Consultation
Call 866-858-4901 to discuss wage garnishments with an experienced bankruptcy lawyer. We offer flexible payment plans, and bankruptcy protection can begin with only $100 down to start your case. Day, evening and Saturday appointments are available as needed, so contact us today to schedule your consultation.
We are a Debt Relief Agency, We Help People File For Bankruptcy Relief Under the Bankruptcy Code.
