Understanding Wage Garnishment: What it is and How it Works

Wage garnishment is a legal process that allows a creditor to collect a debt owed by an individual by taking a portion of their wages directly from their employer. The process can be stressful and financially damaging for the debtor, as it can result in a significant reduction in their take-home pay. Here’s what you should do if you receive a garnishment summons in Virginia.

Wage Garnishment Explained

Wage garnishment is a court-ordered process that allows a creditor to collect a portion of the debtor’s wages directly from their employer. The creditor must first obtain a court order, which specifies the amount of the debt owed and the percentage of the debtor’s wages that can be garnished.

The Different Types of Wage Garnishments

There are several types of wage garnishments, including:

● Child support and alimony payments
● Tax debt
● Student loan debt
● Unpaid court judgments
● Unpaid credit card debt
● Unpaid medical bills

Each type of wage garnishment has its own specific rules and regulations.

Amounts That Can be Withheld

The amount that can be withheld from the debtor’s wages varies depending on the type of debt and the state in which they live. Generally, the maximum amount that can be garnished is 25% of the debtor’s disposable income.

How the Wage Garnishment Process Works

Once a creditor obtains a court order for wage garnishment, they will serve the debtor’s employer with the order. The employer is then required by law to withhold the specified amount from the debtor’s paycheck and send it directly to the creditor.

The debtor will receive a notice of the wage garnishment, which will include information about the amount being withheld, the reason for the garnishment, and how to contest the order.

How an Attorney Can Help You With Wage Garnishment

If you are facing wage garnishment, an attorney can help you understand your rights and options. They can advise you on how to contest the garnishment order, negotiate a settlement with the creditor, or file for bankruptcy if necessary.

An attorney can also help you understand the specific laws and regulations in your state regarding wage garnishment and ensure that your rights are protected throughout the process.

If You’ve Received a Garnishment Summons in Virginia Contact The Law Offices of Robert S. Brandt

If you have received a wage garnishment summons in Virginia, it is important to seek legal advice immediately. The Law Offices of Robert S. Brandt specializes in consumer bankruptcy and debt relief, and I can help you navigate the wage garnishment process.

I can advise you on your legal rights and options, give you information about garnishment and bank foreclosures in Virginia, and help you develop a plan to address your debt and protect your financial future.

Contact me to request a consultation today.

What Happens After Filing Chapter 7 Bankruptcy?

What Happens After Filing Chapter 7 Bankruptcy
What Happens After Filing Chapter 7 Bankruptcy

Filing for bankruptcy can be a difficult decision to make, but sometimes it is the best way to start anew and regain control of your finances. If you have decided to file for Chapter 7 bankruptcy, it’s important to understand what happens next. Let’s discuss the things that happen after you file for Chapter 7 bankruptcy and how to get help from a Chapter 7 bankruptcy attorney.

An Automatic Stay Will Take Effect

As soon as you file for Chapter 7 bankruptcy, an automatic stay will take effect. This means that creditors are no longer allowed to pursue collection actions against you, such as wage garnishment, foreclosure, or repossession. The automatic stay will remain in effect until your bankruptcy case is discharged, dismissed, or closed.

A Bankruptcy Trustee Will be Assigned to Your Case

When you file for Chapter 7 bankruptcy, a bankruptcy trustee will be assigned to your case. The trustee’s role is to review your assets and debts and ensure that your creditors are paid as much as possible. The trustee will also oversee your bankruptcy case and can take action if they believe there are any discrepancies or fraud.

Any Liens Against Your Property Go Into Effect

If there are any liens against your property, they will go into effect when you file for Chapter 7 bankruptcy. This means that the creditor with the lien will have a secured interest in your property, and if you want to keep the property, you will need to pay the creditor the amount of the lien.

Legal Proceedings Will Continue or Begin for Your Case

Filing for Chapter 7 bankruptcy does not mean that all legal proceedings will come to a halt. If you have any ongoing legal proceedings, they will continue as usual. Additionally, if any new legal proceedings are initiated against you, they will continue as well. However, creditors will not be able to take any collection actions against you during the automatic stay period.

Request a Consultation With Chapter 7 Bankruptcy Attorney The Law Offices of Robert S. Brandt

Navigating the bankruptcy process can be complicated and overwhelming. That’s why it’s important to work with a skilled and experienced bankruptcy attorney like The Law Offices of Robert S. Brandt. I will guide you through the bankruptcy process, explain your options, and help you make informed decisions. If you are considering filing for Chapter 7 bankruptcy in Virginia, don’t hesitate to request a consultation with me today.

Get Answers to These Important Questions From Your Bankruptcy Attorney

Wooden hammer with gold details and books in the background.

Bankruptcy can be a difficult and emotional decision, but sometimes it’s the best way to get a fresh start and improve your financial future. However, it’s essential to work with a bankruptcy attorney who can guide you through the process and answer any questions you may have. Here are the top questions to ask your bankruptcy lawyer in Alexandria VA before filing for bankruptcy.

Does bankruptcy erase all my debt?

One of the most common misconceptions about bankruptcy is that it will wipe out all your debts. While bankruptcy can eliminate many types of debts, some obligations are exempt from discharge. For example, you cannot discharge student loans, most tax debts, child support, and alimony payments in bankruptcy. Therefore, it’s crucial to ask your bankruptcy attorney which debts you can discharge and which ones you cannot.

What should I expect from the bankruptcy process?

Another essential question to ask your bankruptcy attorney is what to expect from the bankruptcy process itself. Your attorney should explain how bankruptcy works, what you need to do to file, and what the timeline looks like. For example, you’ll need to complete a credit counseling course before filing for bankruptcy and attend a meeting of creditors after filing. Knowing what to expect can help you prepare and alleviate some of the stress associated with the bankruptcy process.

Time to Finalize Bankruptcies

The bankruptcy process can take several months or more to complete, depending on the type of bankruptcy you file and your specific circumstances. Chapter 7 bankruptcies typically take around four to six months to complete, while Chapter 13 bankruptcies can take three to five years. Therefore, it’s essential to ask your bankruptcy attorney about the expected timeline for your case, so you know what to expect.

Choosing Between Chapter 7 and Chapter 13 Bankruptcy:

Another critical question to ask your bankruptcy attorney is which type of bankruptcy is right for you. Chapter 7 bankruptcy is often referred to as a “liquidation” bankruptcy because the trustee may sell some of your assets to pay off your debts. However, most people who file for Chapter 7 bankruptcy don’t lose any property because the law allows them to keep essential assets.

Chapter 13 bankruptcy, on the other hand, is a reorganization bankruptcy that allows you to repay some or all of your debts over three to five years. Your attorney can help you determine which option is best for your unique situation.

The Risks of Debt Settlement

Debt settlement can be an attractive alternative to bankruptcy because it allows you to negotiate with your creditors to pay off your debts for less than what you owe. However, debt settlement also comes with risks. For example, debt settlement companies may charge high fees and fail to deliver the results they promised. Additionally, settling a debt for less than what you owe can have tax consequences, and creditors may still report the settled debt to credit reporting agencies, which can harm your credit score. Before considering debt settlement, it’s essential to weigh the risks and benefits carefully.

What Happens to Student Loans in a Bankruptcy?

As mentioned earlier, student loans are generally not dischargeable in bankruptcy. However, in some cases, you may be able to discharge student loans if you can prove “undue hardship,” which is a difficult standard to meet. To qualify, you must show that repaying your student loans would cause you and your dependents to be unable to maintain a minimal standard of living. It’s important to note that even if you can’t discharge your student loans, bankruptcy may still be an effective way to manage your other debts and get a fresh start.

Factors to Consider When Deciding Whether to Declare Bankruptcy

Deciding to file for bankruptcy is a significant decision that requires careful consideration. Some factors to consider include:

  1. The type and amount of debt you have
  2. Your ability to pay off your debts
  3. The impact of bankruptcy on your credit score
  4. Whether you have assets that could be at risk in bankruptcy
  5. The potential tax consequences of bankruptcy

Your bankruptcy attorney can help you evaluate these factors and determine whether bankruptcy is the right choice for you.

Schedule a Consultation With The Law Offices of Robert S. Brandt to Speak With a Leading Bankruptcy Lawyer in Alexandria VA

If you’re struggling with debt and considering bankruptcy, it’s important to work with a qualified bankruptcy attorney who can help you understand your options and guide you through the process. At The Law Offices of Robert S. Brandt, I have years of experience helping clients in Alexandria VA and the surrounding areas find debt relief and get a fresh start. I offer personalized attention and tailored solutions to meet my clients’ unique needs. Contact me today to schedule a consultation with a leading bankruptcy lawyer in Alexandria VA.