As we briefly discussed in our last post, creditors are sometimes able to get permission from the court to start garnishing your wages in order to start getting money back on the debt you owe. Of course, this is an extremely stressful and infuriated thing to go through for someone who is struggling financially.
The good news is that it’s still possible to stand up for your rights and, in many cases, stop creditors from garnishing your hard-earned wages.
First of all, creditors often threaten debtors with wage garnishment, but it is not possible without first obtaining a judgment against the debtor.
In fact, Wisconsin residents who are threatened with wage garnishment by creditors who do not have a judgment against them may be able to fight back with the Wisconsin Consumer Act or the Fair Debt Collection Practices Act on their side.
After a creditor has obtained a judgment against you to begin garnishing your wages, one way to put an immediate stop to it is by filing for bankruptcy protection. The reason bankruptcy exists is to provide aid to individuals who are in over their heads with debt, so filing for bankruptcy immediately results in an automatic stay, which is the temporary halt of all actions against you by creditors.
If the bankruptcy is filed before the creditor has begun garnishing your wages, you may be entitled to get all of the money that was garnished back. If you filed for bankruptcy after your wages started being garnished, you still may be entitled to get a portion of the wages back.
Wage garnishment is serious and it’s scary. Sometimes creditors are even able to obtain a default judgment against you without your knowledge. The next thing you know, your wages are being garnished and your financial situation has gone from bad to worse.
If you are being threatened with wage garnishment or your creditors have obtained a judgment against you, our firm can help you stand up for your rights and get back on your feet financially. To find out more about how we can help, visit our Milwaukee Wage Garnishment Lawyers page.