Filing Bankruptcy Stops Wage Garnishment in Florida
As an Orlando bankruptcy attorney, I have helped hundreds of clients over the years stop wage garnishment and eliminate the underlying debt. Filing bankruptcyremains an effective way to deal with the potentially devastating effects that wage garnishment can have on residents of Florida.
The debt collection process that can ultimately lead to having your wages garnished follows the following rough timeline:
1. The original creditor will call you, your family, your place of employment, non-stop for about 60-90 days trying to get you to pay something over the phone and making all kinds of threats about how they are going to ruin you financially unless you pay them.
2. After 90 days or so, the account will be sold to a third party debt collector who will repeat the actions listed directly above.
3. After about 180 days since you stopped paying, you may get a call from an attorney trying to collect on the debt who will repeat the actions listed in 1 and 2 above.
4. Finally, the attorney may file a lawsuit against you seeking a judgment that would allow the creditor to attempt to collect on the judgment. By the way, then, and only then, can your wages be garnished.
A wage garnishment takes place only after you have been sued by a creditor, the creditor has obtained a final judgment against you, and a writ of garnishment has been executed. While this process can take a number of months to complete, once the garnishment is in place, it becomes extremely difficult for you to do anything financially, much less pay your Orlando bankruptcy attorney to get the wage garnishment stopped.
Of course, preventing a potential problem before it becomes a full blown catastrophe is always the preferred way to handle things, and this is no different when it comes to stopping wage garnishment in Florida. The sooner you contact an experienced Orlando bankruptcy attorney to explore your options with regard to filing bankruptcy, the sooner I can put a plan in place for you to prevent the wage garnishment altogether. 407-898-8225