Whenever a debt isn’t paid in Littleton, Aurora, Centennial, and across Colorado, creditors can turn to wage garnishment to collect money owed to them. If a creditor chooses wage garnishment as a method to collect money from you, your employer will be required to withhold money from your paycheck each month. In other cases, your creditor can take money from your bank account. This money is then sent to your creditor. If you’re anticipating or currently experiencing wage or bank garnishments, filing for bankruptcy may be a helpful solution. Contact Littleton bankruptcy attorney Barry Arrington to answer more of your specific questions.
Wage and Bank Garnishments: Attorney Says Creditors Must Get Court Orders First
In most cases, before garnishing your wages in Littleton or Parker, a creditor must obtain a court order to garnish your wages. However, creditors are not required to obtain a court order to collect certain debts such as child support arrears, defaulted student loans, unpaid income taxes or child support. If a creditor has sued you for a breach of contract and won, they can get an order from the trial court judge, which allows them to begin garnishing your wages. A writ of garnishment, which is an order requesting property be withheld for a debt owed, will then be sent to your employer. Your employer will be required to comply. Speaking with a Littleton wage garnishment bankruptcy lawyer is your best course of action if anticipating or currently experiencing wage garnishments in Colorado.
How Much Can Creditors Garnish in Colorado?
In Littleton and across Colorado, under the Consumer Credit Protection Act (CCPA), creditors can garnish the lesser of:
Employers Know the Court Rules: Can I Be Fired for Wage Garnishments?
Wage garnishment is never an easy thing to go through – for creditors, employers and especially employees. As an employee experiencing wage garnishment, you can’t always predict how your employer is going to act, and may fear termination. However, under Title III of the Consumer Credit Protection Act, employers are not allowed to fire an employee whose earnings have been subjected to garnishment for “any one indebtedness”.
Littleton Bankruptcy Attorney: An Attorney Can Stop Wage Garnishments
One of the many benefits of filing a Chapter 7 or Chapter 13 bankruptcy in Littleton and Douglas County is that you can be protected from wage garnishments through an automatic stay. An automatic stay, listed in section 362 of the Bankruptcy Code, is a powerful aspect of Chapter 7 and Chapter 13 bankruptcy that keeps creditors from calling and harassing you about your debt. If the automatic stay applies, creditors will not be allowed to collect wage garnishments and will not be able to contact you about your debts through emails, phone calls, bills, litigation / lawsuits. Though the automatic stay goes into effect in most bankruptcy cases, there are some situations where creditors can still try to collect your debts by filing a Motion for Relief from the Automatic Stay. Always consult a Littleton wage garnishment bankruptcy lawyer / attorney if you have more questions regarding wage garnishments and how creditors can begin garnishing your wages in Colorado.
Littleton Wage Garnishment Bankruptcy Lawyer: Why Hire One?
Wage garnishments in Littleton, Centennial and Aurora can be harmful to you and your ability to keep up with payments such as rent, groceries, or utilities. They can make you feel overwhelmed and panicked about what your options are. As a trusted Littleton bankruptcy lawyer with over 25 years of experience, Littleton attorney Barry Arrington promises to help you find your way out of debt. Barry is best to consult regarding any questions you have regarding wage garnishment. If you think you may be subject to wage garnishment soon, or are currently experiencing wage garnishment in Colorado, contact Barry to set up a free consultation.
Littleton wage garnishment bankruptcy lawyer Barry Arrington has proven many times that he can successfully overcome the difficulties surrounding debt by filing a Chapter 7 or Chapter 13 Bankruptcy. Contact Barry today at 303-205-7870 (or submit the “Get Help Now” form) for answers to more specific questions about wage garnishment.