Wage Garnishments: Can you get back the money that was garnished from my check after filing bankruptcy in Arizona?
Declaring bankruptcy stops wage garnishments from creditors where they are in the process. However, you won’t necessarily get any of the money back that has already been taken from you through the garnishment. The idea is to stop a garnishment before your creditors take action against you. That is the best way to assure that you won’t lose any of your hard-earned money in a garnishment.
A bankruptcy filing will stop any future pay checks from being garnished. Any funds that had been taken prior to the filing of your bankruptcy petition will not be returned. Your bankruptcy trustee may be able to recoup any funds taken up to 90 days prior to your filing. However, those funds are considered those a preferential payment to a particular creditor. The bankruptcy trustee takes that money and uses it in your bankruptcy estate to be distributed evenly among all of your creditors.
However, sometimes a garnishment will continue to be taken after the filing of your bankruptcy petition if proper notification is not given and those funds are able to be returned. Seeking the assistance of our Mesa bankruptcy attorneys is the best way to assure that your wages aren’t garnished any further.
File Your Bankruptcy Prior to Your Payroll Cutoff
It is important to realize that your filing date must be before the end of your pay period, not your pay date. If your pay period ends before the date of your bankruptcy filing those funds will also be lost. Time is of the essence when contacting an experienced Mesa bankruptcy lawyer if you are wishing to stop your wages from being garnished.
Hiring an attorney can help make the process of stopping a garnishment run much more smoothly. Your Mesa garnishment attorney will notify both your payroll department and the creditor who is garnishing your wages regarding you declaring bankruptcy. The automatic stay of the bankruptcy starts as soon as you file and stops the wage garnishment.
It is also important to realize that there are many signs that a garnishment is pending. Prior to a garnishment being put in place; you will receive: First, a law suit Summons. Next, you will get a Notice of Default Judgment, and then finally, a Writ of Garnishment. Filing your bankruptcy proactively upon the receipt of the Summons can make sure that the garnishment never starts.
The experienced attorneys at My Arizona Lawyers can provide you with a clear deadline and target date to file to ensure your case is filed before a garnishment stops. It is important to call our Mesa bankruptcy attorneys and schedule your free consultation as soon as you are served with any legal paperwork. Our Mesa Bankruptcy Team are experienced in stopping wage garnishments and will work with you to help you keep as much of the monies you have worked so hard to earn.