Creditors often use sophisticated methods of collecting money owed. Often they are represented by experienced attorneys who use many different legal methods to collect. One way they try to collect is to institute a garnishment against a person. Under Florida law and certain circumstances, garnishments are legal. A garnishment is a method of a creditor seizing either your wages, your money in your bank account, your assets, or even your vehicle. If your wages are garnished, your employer is required to withhold a portion of your wages and turn over the money to the creditor.
Our firm has filed many bankruptcy cases to stop garnishment action for over 19 years. For many people, filing bankruptcy may be the best way to stop garnishments because the bankruptcy laws may require all collection efforts to stop once your case has been opened by the bankruptcy court. For advice about seeking protection from garnishments by filing bankruptcy, speak with a knowledgeable bankruptcy lawyer.
At the Tampa, Florida, law firm, the Law Offices of Robert M. Geller, P.A., attorney Robert M. Geller is a certified specialist in Consumer Bankruptcy Law by the American Board of Certification *. He has focused on helping clients file personal bankruptcy since 1991.
Frequent Questions About Garnishments
How can my employer take some of my pay?
The creditor must obtain a legal judgment that orders your employer to deduct money from your paycheck until you have paid the debt.
Will I be Notified of the Garnishment?
Although you may be notified of the judgment, you may not be notified of the garnishment until after your employer has deducted your pay or after your property has already been taken.
Is there a limit on how much can be withheld from my pay?
How much is deducted depends on several factors including whether you are the head of a household and the amount of your paycheck. There are several exemptions and limits, and our attorneys can advise you about these.
How does filing bankruptcy stop garnishments?
Once you have filed for Chapter 7 or Chapter 13 bankruptcy, an automatic stay is issued by the bankruptcy court that prohibits creditors from continuing to undertake collection action against you, including some garnishments. In many cases, the creditor must dismiss the garnishment served against you. However, you may not get back the money the creditor already received or the property taken. Therefore, it is important that you do not delay and consult with an experienced bankruptcy attorney to help either avoid or stop a garnishment by filing for bankruptcy.
Contact a Bankruptcy Lawyer
To learn more about stopping garnishments, contact our Tampa, Florida, law firm. Call us at 813-254-5696 to schedule a free initial consultation.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
* Accredited by The Florida Bar to certify lawyers in the specialty area(s) of consumer bankruptcy law.