6 Simple steps to stop a Wage Garnishment in San Jose

Wage garnishment is one of the most preferred ways for creditors in San Jose to recover their debts. For this they have to obtain a favorable judgment from the courts which allows them to recover debts such as pay day loan, credit card dues, medical loans and personal loans. Creditors usually contact your employer and can garnish up to 25% of your wages. If your wage has been garnished in San Jose, there are many things you can do to avoid this. Here we shall take a look at six steps which will help you stop a wage garnishment in San Jose.

 

1. Contact Creditors - The first step to stop wage garnishment is to try and get in touch with your creditors and work out an alternative payment plan rather than garnishing your wage. In most cases this might not work as the creditors would have lost faith in your will and means to repay. However some creditors are understanding and might give a patient hearing to you. It's always worth a try to negotiate a deal.

 

 

2. Pay in Lump Sum - If you have some savings somewhere or can garner some cash in hand, it would be wise to pay back some of your dues to the creditors in lump sum. This will prevent your regular income from being garnished.

 

 

3. File for Exemption - The next step to stop wage garnishment is to file for an exemption. If you can prove that your total income is needed to meet the basic necessities of your life you can seek an exemption from wage garnishment. Here you will need to fill your financial statement with a claim for exemption.

 

 

4. File Bankruptcy - If you are not eligible for an exemption you can file for a bankruptcy which will put an automatic stay on your wage garnishment. You can file for a Chapter 7 or Chapter 13 bankruptcy to stop wage garnishment. This will prevent the creditors from engaging in collection activities against you. However you need to keep in mind that the stay doesn’t apply to payments such as spousal support and child support which can be garnished from your wage.

 

 

5. Recover Garnished Wages - Yes you can also recover the garnished wages which have been garnished in the last 90 days prior to your filing for a bankruptcy. If more than $600 have been garnished in the last 90 days you can claim a refund. However if the amount is less than that your claims for recovery will not be entertained.

 

 

6. Contact Attorney - All these steps can help you avoid wage garnishment but it is very important that you get in touch with an experienced attorney in San Jose who will help you stop wage garnishment in a methodical manner. Your case would be unique and the attorney will guide you in stopping wage garnishment based on your circumstances.

 

Don't waste time or make unforced errors in managing your debt. Contact an experienced attorney and get respite from wage garnishment.

This post is shared by Attorneyforbankruptcy.com, which a leading law firm of California. Here you can have detailed information on wage garnishment in california and debt consolidation in california.