Stop Wage Garnishment In San Diego – San Diego Bankruptcy Lawyer
Is a filing bankruptcy effective to stop a wage garnishment? As a San Diego bankruptcy lawyer specializing in Chapter 7 and Chapter 13 cases, this is a question most of my clients ask whenever a creditor has successfully obtained a court judgment against them. After a successful court judgment against a debtor, wage garnishment usually follows. Debtors usually think that an immediate bankruptcy filing is a good idea to stop the garnishment of their wages.
Sections 522(h) and 547 of the Bankruptcy Code provide that a debtor may recover property — such as wages — that was involuntarily taken from the debtor during the 90 days preceding his bankruptcy filing. These sections are enacted to allow debtors to recover money or property.
Being a San Diego Chapter 13 bankruptcy lawyer, I advice my clients to take care in deciding on when to file for bankruptcy in order to stop a wage garnishment in San Diego.
Timing is therefore everything in filing for bankruptcy to recover garnished wages. If the garnished wages total less than $600.00, then it might be wise to wait until the garnished wages total $600.00 or more before filing for bankruptcy. Because, anything less than $600 cannot be recovered so, in essence, you “waste” your fresh start on a debt that cannot be collected.
Filing for bankruptcy is similar to having a well thought out business strategy. You need the help of a specialist to make use of the law to your advantage. The award-winning lawyers at The Law Office of Harold D. Thompson specialize in Chapter 7 and Chapter 13 cases and will help financially-distressed individuals obtain a fresh start. Please call our office at 888.590.1773 for a free-no hassle consultation, download a copy of our free California Guide to Bankruptcy or find out how you can become a client right now.
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