Wage Garnishments can completely destroy your finances. If your paycheck has been garnished or you are at risk of a garnishment, then you need to call my office right this second. The longer you wait, the more money you are going to waste. The good news is, there are always options to get the garnishment removed.
My law firm exists for the sole purpose of helping our clients get a fresh start. Financial stress contributes to over 50% of a person’s overall stress. Lets stop it. I know for a fact that we can help. All it takes is that first meeting, where we are going to dig into the financial problems and outline exactly how you are going to get out of them. Call 469-554-9529 and schedule your meeting right now. We are going to waive our fee so the meeting is 100% free.
I live in the Richardson community and have been helping clients in that area for the last 5 years. We have been dealing with the same judges and court staff and understand exactly what needs to be done to get you the results that you need. Don’t waste another minute, call and lets talk about how we are going to stop the garnishment!
Some of the common questions I get concerning garnishments are:
The second after you file bankruptcy, the automatic stay goes into effect. That means that the IRS must stop the garnishment immediately. In some cases there may be a delay due to your HR department or the IRS — if that happens the IRS will refund the funds they took post filing.
There are several options. Filing bankruptcy will force the IRS to release that levy. Remember, the IRS must provide a notice of levy before they actually levy your account. This notice of levy is typically sent out 30 days in advance of any levy. If your account has not been levied we may be able to negotiate a payment plan to stop it.
It depends. In bankruptcy you can discharge some IRS debt but it must meet certain qualifications. The general rule is that if the IRS debt is older than 3 years, and if you filed a tax return for that year, then you can get that debt discharged. However, there are a lot of exceptions. This is something we can review in detail in your meeting but we must have the account transcript for the years in question.
There are several ways to attack a garnishment. The judgment creditor must follow very specific rules to get a proper writ of garnishment. In a lot of cases, there may be defects so we can attack the garnishment that way. Filing bankruptcy will stop the garnishment in its tracks as well.
There is a strong chance that you CAN get the money back. However, it all depends on timing. The key question is whether the bank has disbursed the funds yet. Most people don’t realize that the bank will hold the funds in an escrow type account for several weeks. They do this to ensure that the creditor who obtained the writ is the entity/person that should be paid. Filing bankruptcy during this time will prevent the bank from disbursing those funds.
Herrin Law, PLLC,
4925 Greenville Ave.,
Dallas, Texas 75206
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