One of the fastest way of Stopping Garnishments in Rogers County is to file bankruptcy. Many people suffering financial problems often become familiar with garnishments. But all they really know is that their pay check is smaller and a third party creditor is taking their money. But what’s happening with their money and the best way for stopping garnishments in Rogers County is what they really need to know. The truth of the matter is that garnishments come for all sorts of debts you owe. And finding out exactly what the money is owed for and how much is owed isn’t always so easy. Unfortunately the best way to stop a garnishment usually involves paying off the debt or filing a bankruptcy.
Garnishments Explained
The most common garnishment is a wage garnishment. A wage garnishment is a legal process directing your employer to pay a percentage of your wages directly to the creditor to satisfy your debt. The percentage they can take is controlled by Oklahoma Statute. This maximum amount is increased if the garnishment is for back child support. Creditors are not allowed to serve a garnishment without first observing your rights and obtaining a judgment.
In addition to wage garnishments there are also property garnishments. A property garnishment allows the creditor to take your property and apply the proceeds to the debt you owe. An example of this is bank account garnishments and tax return garnishments. In still other circumstances the creditor will summon you to an asset hearing. At the hearing you’ll be required to show what assets you have. If they discover any assets at this hearing the creditor will garnish them.
Garnishment Process
If you owe money to someone you are a debtor. A Creditor is someone to whom you owe money. Creditors must follow several steps before they can serve a garnishment. First, a creditor must file a lawsuit to impose a legally enforceable debt. Debtors must then be served and have an opportunity to be heard in court. If the creditor is successful in court he/she will obtain a judgment usually for a certain dollar amount. The creditor can then serve a wage garnishment on the debtor’s employer. The employers must make the deductions from the wages until the garnishment expires or the judgment is satisfied. In Oklahoma, a Creditor may garnish up to 25% of a debtor’s wages. This is a heavy burden. But stopping garnishments in Rogers County is possible if you file a bankruptcy.
Stopping Garnishments in Rogers County
There are ways to combat a garnishment. First you can stop the garnishment by paying the judgment in full. But many people do not have the required funds to simply pay the debt in full. Another way to combat a garnishment is to claim the funds being garnished as exempt under Oklahoma law. While this could help some, it usually does not fully stop the garnishment. The final way to combat a garnishment is to file bankruptcy. Bankruptcy not only stops the garnishment but also discharges the debt on which the garnishment is based.
Bankruptcy Help Near You
So if you find yourself needing help Stopping Garnishments in Rogers County give us a call. Our bankruptcy attorneys file both chapter 7 and chapter 13. Sometimes good people find themselves in a bad financial crises. If you qualify bankruptcy may be the best thing you can do. You can get a fresh financial start or set up a repayment plan. Get a free consultation toady.