How to Fight Against Wage Garnishment in Arizona
Wage garnishment in Arizona allows for deductions of up to 25% of an individual’s wages. Creditors can achieve this by obtaining a judgment through the courts. Arizona residents can fight against wage garnishment actions, both before and after a court judgment.
First, it’s important to understand what a wage garnishment is and how it’s enforced.
A wage garnishment is a judgment by a creditor to collect on an unpaid debt. A creditor will attempt acquire payment on a debt through a judgment issued by the court.
In most cases, debtors make a creditor’s job extremely easy because the debtor will not show for a court appearance. When the debtor is a no-show for their court appearance, a default judgment is issued by the courts. Creditors can then approach the debtor’s employer and start the garnishment process.
The first step in fighting back against a creditor is to appear in court with an attorney. Assuming that the debt is yours, you may still be able to win your case. The debt may no longer be valid because of the statue of limitations on debts. Additionally, the amount owed may not be correct.
Certain creditors are able to garnish a person’s wages without a pre-judgment, while other do not possess this ability. Debts like student loans, alimony, and child support will not require the intervention of the courts. Instead, a creditor must notify the debtor of their intentions one month prior to taking action.
Once a judgment is issued, a creditor can then obtain a Writ of Garnishment against the creditor and proceed to deduct up to 25% of the debtor’s wages per month.
One of the best ways to fight against wage garnishment is to file for bankruptcy. A bankruptcy may be able to completely eliminate the debt. It will definitely stop the creditor from harassing you any further.
To be able to eliminate debts, you’ll need to meet the requirements of filing for a Chapter 7 Bankruptcy. Your eligibility will be determined based on your income and expenses. Look at the following means test calculator to determine if you’re eligible. If you exceed the median income for Arizona, you’ll need to apply for a Chapter 13 bankruptcy. With a Chapter 13 Bankruptcy, debts are not eliminated, they’re merely restructured to make payments easier.
Most people have assumptions that a bankruptcy will require selling all of their assets to pay back their creditors. What they not familiar with are bankruptcy exemptions, which serve like credits to protect assets.
At Start Fresh Arizona, we fight to protect your rights. We can assist you with any wage garnishment issues. We’ll put a stop to creditor harassment, and we’ll help you to achieve debt relief. Give us a call or contact by email today.