Stop Garnishment And Take Home Your Whole Check
Stop garnishment as quickly as possible with the help of Schmidt Law Firm's top tier garnishment attorney. There are a few options to get your creditors off your back and get your full check back, but most people will only have the ability to use one of them: filing for bankruptcy. Of course, that's understandably a last-ditch effort for most people -- we'll try the other routes first.
What Is Garnishment?
Simply put, garnishment is when the courts allow a creditor to take a portion of your paycheck before it's put in your hands, or to take assets that are legally yours without your permission. Intended to force you to be responsible with your money, garnishment can nonetheless feel like a punishment or even threaten your livelihood.
Attack The Garnishment
The first line of defense against a garnishment is to attack the ruling that allowed your wages to be garnished in the first place. If our garnishment attorney can prove that the ruling that led to the garnish or the motions that led to the ruling are somehow flawed, we can force the courts to stop the garnishment immediately pending a re-filing and re-approval of the motions.
The second line of defense is the exemption law. There are certain items protected by Federal and Arkansas state law, and if your creditor goes after those items, we can stop the garnishment from taking them away. The items protected by law are:
- Your home -- usually. There are certain exceptions that can make your home vulnerable. Call Schmidt law firm at 888-459-3077 for details.
- Your clothing, your wedding ring, and up to $200 worth of other personal property that you deem exempt ($500 if you are the head of a household). There is a specific legal process you must go through to deem the property protected; call us for assistance with this procedure.
- Social Security and SSI benefits.
- Some veteran’s benefits.
- Federal Civil Service Disability.
- Transitional Employment Assistance (TEA).
- Unemployment compensation.
- Workers’ compensation benefits.
- State police and teachers’ retirement benefits.
- Health, life, accident and disability insurance proceeds.
- Annuity contracts.
- 75% of your net wages OR 30 times the Federal minimum wage per week (currently $215.50 per week), whichever is greater.
If you place money from any protected source into a bank account, you will have to file a Claim of Exemption to protect that money from garnishment. Schmidt Law Firm's garnishment attorney will be happy to help you.
File For Bankruptcy
If, after the exemptions have been established and the garnishment brought under legal scrutiny, the garnishment is still unlivable, there is one further option: file for bankruptcy. The moment you file for bankruptcy, the courts must stop the garnishment.
Stop garnishment law or filing for bankruptcy -- whatever you need help with, or on stop garnishment law, call Schmidt Law Firm at 888-459-3077 for a consultation.