Rountree Leitman Klein & Geer, LLC
  • Home
  • Practice Areas
    • Business Bankruptcy
    • Personal Bankruptcy
    • Debtor / Creditor
    • Litigation
  • About Us
    • William A. Rountree
    • Hal J. Leitman
    • David S. Klein
    • Will B. Geer
    • Michael J. Bargar
    • Elizabeth A. Childers
    • Caitlyn Powers
    • Ceci Christy
    • Shawn J. Eisenberg
    • William D. Matthews
  • Reviews & Ratings
  • Blog
  • Contact

Our Blog.

Are my wages being garnished?

8/7/2023

1 Comment

 

Having your wages garnished by a creditor will give you that sinking-gut feeling generally experienced right before narrowly avoiding a car accident. It is one of the most common reasons people come to see an Atlanta bankruptcy attorney to help them file a Chapter 7 or 13 petition , as once your bankruptcy petition is filed, the automatic stay will stop any continuing garnishment of your wages or bank accounts.

You've Been Sued

If your wages are being garnished, you have likely been sued. It is EXTREMELY difficult to get a pre-judgment (before you are sued) garnishment, so if your wages or bank accounts are being garnished and you have no idea why, a potential creditor sued you in state court by filing a complaint in the county in which you live. If you failed to file a legal answer (which typically requires to assistance of an experienced attorney), the creditor will receive what is called a "default judgment". If you actually defended the law suit by filing an answer and showing up to a possible scheduled trial calendar, then the creditor would have received a judgment on the merits. If that happened, you probably wouldn't be asking why my wages are being garnished, as garnishment is one of the most common forms of post-judgment collection used in Atlanta. A judgment is merely a final decision by the judge overseeing your case that one party is either right or wrong. In other words, the judgment is the written order of the judge deciding your case that you owe a certain amount of money to the creditor who sued you. Once the creditor obtains that judgment, it can file a petition to garnish your wages. Once the petition is granted, a judge (possible a different judge than the one who decided your case) will sign an order that will be sent to the garnishee (your employer or bank) to hold a certain percentage of your wages to be sent directly to the creditor. While there are numerous ways to attack a garnishment, bankruptcy is the most powerful.

How Do I Stop My Wages From Being Garnished?

Filing with a Chapter 7 or Chapter 13 bankruptcy will immediately stop your wages from being garnished. In fact, with the careful use of the Georgia exemption laws, you may even be able to force the creditor who garnished your wages to give some of it back. This is why it is imperative that you should consult with a bankruptcy attorney when faced with a garnishment. A bankruptcy petition preparer will only download the publicly available forms from the court's website and help you fill out the appropriate paperwork. They cannot give you legal advice; they will not attend the 341 meeting with you; and they do not know the intricacies of the bankruptcy code that will save you thousands of dollars and hours of grief.

1 Comment
Toby G link
11/11/2024 01:16:42 am

Nice post thanks for shharing

Reply



Leave a Reply.

    Author

    Rountree Leitman Klein & Geer, LLC's blog is a resource provided to clients, prospective clients, and colleagues that discusses issues related to Personal Bankruptcy, Business Bankruptcy, Collections, and Litigation.

    Archives

    May 2025
    February 2025
    August 2024
    May 2024
    February 2024
    January 2024
    December 2023
    August 2023
    April 2023
    February 2023
    December 2022
    November 2022
    October 2022
    September 2022
    August 2022
    July 2022
    March 2022
    February 2022
    December 2021
    November 2021
    October 2021
    September 2021

    Categories

    All
    529 Plan
    Automatic Stay
    Awards
    Bankruptcy
    Bankruptcy Avoidance
    Bankruptcy Discharge
    Cares Act
    Chapter 11
    Chapter 13
    Chapter 7
    Civil Procedure
    Coronavirus Relief
    Creditors
    Declaratory Judgment
    Discharge Denial
    Easements
    FIFA
    Garnishment
    Judgment
    Leases
    Licenses
    Limited Exceptions
    Litigation
    Mortgage
    Paycheck Protection Program
    Personal Bankruptcy
    Proof Of Claim
    Quiet Title
    Real Estate
    Real Property
    Reformation Action
    Rising Stars
    Subchapter V
    Super Lawyers
    Title
    Tort Reform
    Transfers
    Unlimited Exceptions
    Wild Card Exemption

    RSS Feed

Picture
Our Office

Rountree Leitman Klein & Geer, LLC
Century Plaza I
2987 Clairmont Road, Suite 350
Atlanta, Georgia 30329

Telephone: (404) 584-1238
E-mail: [email protected]
​Navigation

Home
Practice Areas
About Us
Reviews & Ratings
Blog
Contact
Practice Areas

Business Bankruptcy
Personal Bankruptcy
Debtor / Creditor
Litigation
Picture
Picture
Rountree Leitman Klein & Geer, LLC is located in Atlanta, Georgia and serves clients in and around Atlanta, Decatur, Scottdale, Clarkston, Avondale Estates, Tucker, Pine Lake, Stone Mountain, Roswell, Alpharetta, Sandy Springs, Johns Creek, Peachtree Corners, Cobb County, Dekalb County, Forsyth County, Gwinnett County, and Fulton County. Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. See our profiles at Lawyers.com,  Martindale.com, and SuperLawyers.com. Copyright 2024 - Rountree Leitman Klein & Geer, LLC.
  • Home
  • Practice Areas
    • Business Bankruptcy
    • Personal Bankruptcy
    • Debtor / Creditor
    • Litigation
  • About Us
    • William A. Rountree
    • Hal J. Leitman
    • David S. Klein
    • Will B. Geer
    • Michael J. Bargar
    • Elizabeth A. Childers
    • Caitlyn Powers
    • Ceci Christy
    • Shawn J. Eisenberg
    • William D. Matthews
  • Reviews & Ratings
  • Blog
  • Contact