DuPage County Wage Garnishment Lawyers
Helping Remove Garnishments and Wage Levies for Clients in Illinois
If you are facing a wage garnishment or levy or fear this will happen in the future, it can be a very stressful time for you and your family. You are likely already struggling to pay your bills, and the last thing you need is an aggressive creditor garnishing a portion of your income. Bankruptcy can often put an immediate stop to garnishments and wage levies, depending on the situation. If this is happening to you, it is important to speak with an experienced bankruptcy attorney as soon as possible, so you understand your options.
For over 20 years, Mevorah & Giglio Law Offices has provided skilled assistance to individuals dealing with garnishments and wage levies in Chicago and throughout northern Illinois. Our award-winning lawyers have in-depth experience helping clients facing all types of financial difficulties. We have extensive knowledge of Chapter 7 bankruptcy, Chapter 13 bankruptcy, bankruptcy alternatives, and non-bankruptcy solutions. We put this experience to work to develop the most practical solution to successfully resolve your financial troubles.
We have been acknowledged not only for our skill and experience, but also for our client-centered focus and down to earth approach. Our attorneys are honest, compassionate, accessible and approachable. We understand that this is a difficult time, and there are no easy answers. We take the time to analyze thoroughly your situation and explore every potential avenue to stop the garnishments, wage levies and other creditor collections, and help you move forward with your life. Whether that means bankruptcy or an alternative, our only priority is doing what is in your best financial interest.
How Do Creditors Enact Garnishments and Wage Levies?
Private creditors and government agencies use bank levies and wage garnishments as a debt collection mechanism. Private creditors must first obtain a court judgment to enact either of these mechanisms. Creditors typically seek to enact a wage garnishment, unless they are aware that you have funds inside a certain bank account. However, since you must be notified before your bank account is levied, this usually allows you enough time to remove the funds. Government agencies, such as the IRS, Department of Education and the family courts, use bank account garnishments and wage levies to collect past due taxes, student loans, and unpaid child support.
Can Bankruptcy Stop Levies and Garnishments?
When you file Chapter 7 or Chapter 13 Bankruptcy, an automatic stay goes into effect, putting a stop to garnishments and wage levies, foreclosures and all other collection activity by private creditors. Unless a creditor specifically asks the court to remove the stay and their request is granted, it remains in effect until the bankruptcy proceeding is completed. If the debt in question is discharged (through Chapter 7 Bankruptcy), there is no future collection activity. Stopping a garnishment or levy enacted by a government agency is an entirely different matter. Only debts that are “dischargeable” through bankruptcy are affected by the automatic stay. Student loans, back child support and certain IRS debts are not considered dischargeable.
There are ways to potentially stop a garnishment or wage levy without filing for bankruptcy. For example, you may choose to negotiate directly with the creditor or file a court objection to the garnishment. Possible objections may include:
- The creditor did not follow proper procedures.
- The creditor is taking more than what is legally allowed.
- The creditor has already been paid.
At Mevorah & Giglio Law Offices, we conduct a full examination of your finances to determine the best strategy to put a stop to the burdensome garnishments and wage levies. For a free consultation with one of our skilled Illinois bankruptcy attorneys, contact our office today at 630-932-9100630-932-9100.
We are a debt-relief agency under the United States Bankruptcy Code. We help people file for bankruptcy relief under the bankruptcy code.