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.
Filing a proof of claim is an important step for creditors in a bankruptcy case. A proof of claim is a written statement filed with the bankruptcy court by a creditor, stating the amount of the creditor's claim against the debtor. The proof of claim must provide sufficient detail and supporting documentation to establish the creditor's right to payment. It must also comply with the requirements set forth in the bankruptcy code, local bankruptcy rules, and any applicable court orders.
The bankruptcy code provides strict deadlines for filing a proof of claim. The deadline for filing a proof of claim is set by the court and can vary depending on the type of bankruptcy case and the jurisdiction in which it is filed. In some cases, such as when a bankruptcy case is converted from one chapter to another, the deadline may be extended.
It is important for creditors to file their proof of claim in a timely manner, as failure to do so may result in their claim being disallowed. Additionally, creditors must ensure that their proof of claim accurately reflects the amount of their claim and any supporting documentation.
At Rountree Leitman Klein & Geer, LLC, we understand the importance of filing a proof of claim in a timely and accurate manner. Our experienced bankruptcy attorneys are available to assist creditors in navigating the complex bankruptcy process and ensuring that their claims are properly and timely filed. We can assist creditors in preparing and filing their proof of claim, ensuring that it complies with all applicable bankruptcy rules and procedures. We can also provide guidance on how to properly calculate and document a creditor's claim, ensuring that it is not challenged or disallowed by the bankruptcy court.
Contact us today to learn more about how we can assist you in the bankruptcy process.
Rountree Leitman Klein & Geer, LLC is pleased to announce that two of its partners, David S. Klein and Michael J. Bargar, spoke at the State Bar of Georgia Real Property Law Section's Annual Residential Real Estate Seminar on February 9, 2023. The event, which was held at the State Bar of Georgia headquarters in Atlanta, provided an opportunity for legal experts to share their knowledge and insights on various real estate issues.
Mr. Klein spoke on a panel that discussed Trends in a Downturn Market. During the session, Mr. Klein addressed topics such as foreclosure numbers, real estate litigation, and evictions. As a highly experienced litigator, Mr. Klein shared his thoughts on the current trends in the real estate market and how they are affecting homeowners and lenders. His presentation provided valuable insights for those looking to navigate the complex legal landscape of real estate during a downturn.
Mr. Bargar presented on Bankruptcy and Trustee Powers as to Real Estate. In his presentation, Mr. Bargar, a Chapter 7 Trustee, discussed topics such as security deed attestation and avoidance actions by a bankruptcy trustee. His talk provided valuable information for those who are dealing with real estate issues in a bankruptcy setting, especially from the viewpoint of a Chapter 7 Trustee. Mr. Bargar's expertise in bankruptcy and real estate law proved to be invaluable for those in attendance.
"We are thrilled that David and Michael were able to speak at the State Bar of Georgia Real Property Law Section's Annual Residential Real Estate Seminar," said Hal Leitman, a partner at Rountree Leitman Klein & Geer, LLC. "Their presentations were informative and provided valuable insights for those in attendance. We are proud of their contributions to the legal community."
Rountree Leitman Klein & Geer, LLC is a leading law firm in Atlanta, Georgia, specializing in real estate law, litigation, and collections. The firm is known for its commitment to providing high-quality legal services to clients throughout the state. The firm's lawyers have extensive experience in all areas of real estate law, including real estate litigation, and bankruptcy.
For more information about Rountree Leitman Klein & Geer, LLC and the services they provide, please visit their website at www.rlkglaw.com.
Rountree Leitman Klein & Geer, LLC is a law firm located in Atlanta, Georgia servicing clients with bankruptcy, commercial litigation, real estate litigation, and collections needs. The firm is dedicated to providing high-quality legal services to its clients and has a team of highly skilled and experienced lawyers. The firm is proud to announce that its partners Will Rountree, Hal Leitman, and Will Geer have been selected to the Super Lawyers Magazine list in Georgia for 2023, while David Klein has been selected as a Super Lawyers Rising Star in Georgia for 2023.
Super Lawyers is a highly prestigious accolade in the legal community. The award recognizes lawyers who have achieved a high degree of professional success and recognition among their peers. It is a testament to the skills, knowledge, and experience of the recipients. Being named a Super Lawyer is a significant honor, and the partners of Rountree Leitman Klein & Geer, LLC are extremely proud to have been recognized in this way.
Will Rountree is a partner at the firm and has extensive experience in the areas of Chapter 7 and Chapter 11 Bankruptcy. He is known for his commitment to his clients and his ability to achieve favorable outcomes in even the most complex cases. Will has been recognized as a Super Lawyer in Georgia for several years running, and this latest recognition is a testament to his continued dedication to excellence.
Hal Leitman is another partner at the firm who has been selected as a Super Lawyer in Georgia in 2023. He specializes in debtor and creditor work and collections, and has a reputation for providing practical and effective solutions to his clients. He has been recognized as a Super Lawyer in Georgia for many years, and this latest recognition is a testament to his continued commitment to his clients and his legal expertise.
Will Geer is a partner at Rountree Leitman Klein & Geer, LLC and has been selected Super Lawyers in Georgia in 2023. He also specializes in Chapter 7 and Chapter 11 Bankruptcy. Will has been recognized as a Super Lawyer in Georgia for several years as well.
David Klein, another partner at the firm, has been selected as a Super Lawyer Rising Star in Georgia. This award recognizes the top up-and-coming lawyers in the state who are under the age of 40 and have been practicing law for ten years or less. In each state, Rising Stars make up the top 2.5% of attorneys. David has a proven track record of success and is known for his dedication to his clients and his ability to achieve favorable outcomes in complex legal matters, handling several jury and bench trials for clients.
Rountree Leitman Klein & Geer, LLC is proud to announce that these partners have been selected by their peers as Super Lawyers and Super Lawyers Rising Stars in Georgia. Partner Mike Bargar has also been selected previously as a Super Lawyer. This recognition is a testament to their commitment to providing high-quality legal services to their clients and their dedication to excellence. The partners of Rountree Leitman Klein & Geer, LLC are proud to have been recognized in this way and look forward to continuing to provide their clients with the best legal representation possible.
Contact us today at 404-584-1238 or firstname.lastname@example.org for a consultation on your bankruptcy, commercial litigation, real estate litigation, or collection needs.
A quiet title action is a legal procedure that is used to resolve disputes over the ownership of real property. It is a court-ordered process that establishes the rightful owner of a property and removes any cloud on the title, such as liens, encumbrances or conflicting claims. Quiet title actions can be complex and time-consuming, but they provide a useful solution for property owners who want to clear up any title issues and ensure the marketability of their property.
In a quiet title action, the person who is claiming ownership of the property files a lawsuit against any other parties who may have an interest in the property. The court will then hear evidence and make a ruling on the rightful ownership of the property. Once the court has made a ruling, the title to the property will be clear, and the property can be sold or transferred without any challenges to the title.
Quiet title actions are often necessary in situations where there are conflicting claims to the property, such as disputes over the validity of a will or trust, or when there are errors in the public records that need to be corrected. In some cases, quiet title actions may also be used to resolve disputes over easements, boundary disputes or other issues that affect the ownership of a property.
There are several factors to consider when deciding whether a quiet title action is the right solution for your situation. One of the most important factors is the potential cost and time involved in the process. Quiet title actions can be lengthy and expensive, and it may be more cost-effective to resolve the issue through negotiation or mediation.
Another important consideration is the strength of your case. To be successful in a quiet title action, you will need to present evidence of your ownership claim. This may require obtaining expert witnesses, conducting title searches or other research, and gathering other relevant documentation.
If you are facing a dispute over the ownership of a property, it is important to seek the advice of an experienced real estate attorney. An attorney can help you evaluate your options, including the potential benefits and drawbacks of a quiet title action, and help you make an informed decision about the best course of action for your situation.
At Rountree Leitman Klein & Geer, LLC, our team of experienced real estate attorneys has the knowledge and experience to help you resolve your quiet title disputes. We are dedicated to providing our clients with personalized and effective solutions, and we will work closely with you to help you achieve your goals. If you need assistance with a quiet title action or any other real estate matter, please contact us today to schedule a consultation.
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.