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Over the past several years the issue of garnishments has become a little more complicated due to more and more companies using payroll services that are located out of state. Because these companies often prepare the paychecks several days in advance, extra effort needs to be expended to address garnishments of wages. This procedure sometimes causes money to be deducted from your original paycheck, but those funds are normally returned to you in a couple of days once the payroll service company obtains proper notification of the Bankruptcy and is otherwise capable of processing a separate check.
The procedure for stopping a garnishment requires cooperation from many parties; the Creditor, your employer, yourself and our office, all have the common goal of making sure you obtain your entire paycheck after you have filed the Bankruptcy Petition. As indicated above, your obligation is to provide our office with the garnishment documents to enable us to establish contact with the Creditor and your employer. Once we contact the Creditor, it is their responsibility to process a “Release of Garnishment” pleading, file it with the appropriate court, and circulate it to your employer. Once your employer receives the Release of Garnishment, the company no longer has an obligation to garnish your wages, and they will communicate to the payroll department to pay you your entire wages without any deduction.
Are your paychecks in jeopardy of being garnished? Call us today, or schedule an appointment online.
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