Arizona Wage Garnishment, Stop Wage Garnishment, Phoenix Wage Garnishment Prevention

Phoenix, Arizona Wage Garnishment Attorney

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Protection From Phoenix, Arizona Wage Garnishment

The debt collector cometh! Here’s what happens when you fail to pay that credit card, rental apartment, or other debt and what you can do to stop it.

First what can the debt collector do:

Arizona law allows creditors who have obtained a judgment to take up to 25% of your after-tax pay.

What is a Wage Garnishment?

A wage garnishment is the withholding of a portion of a person's earnings for the payment of a debt. The creditor (like a credit card company or someone you owe money to) can garnish wages, bank accounts, accounts receivable (if you are a business) or shares of stock in a corporation. Wage garnishment is a last attempt by a creditor to satisfy a debt and can greatly inconvenience a person’s livelihood and financial stability. A wage garnishment may continue until the debt, attorney’s fees and court costs have been paid. In some cases, if a creditor posts a bond with the court, it may garnish your bank accounts even before a judgment has been obtained.

There are three (3) main forms of garnishment. There is a procedure to garnish wages, called a “wage garnishment.” There is a procedure to garnish a bank account, called a “bank account garnishment.” And, finally there is a general garnishment procedure that is used to attach (or seize) assets in the hands of a third party that belong to the person who owes you the money.

There are specific legal measures that a creditor must take in order to execute a wage garnishment. A lawsuit must be filed, the summons must be served, all leading up to obtaining a judgment. During the process you have time to halt the garnishment and protect your assets. If you have been served a summons related to wage garnishment it is important to speak with an attorney immediately to protect yourself, your assets, and your wages.

Once a creditor has a judgment, it may proceed to take money which is owed to you. To do this, the creditor will:

•Make demand for payment of the judgment. If the creditor intends to garnish wages, the creditor must file an affidavit with the court that it has demanded payment for the amount due and that you have not agreed to pay the non-exempt portion of your wages. This demand is not necessary for the garnishment of property other than wages.
•Serve the garnishment on the employer or other party that owes you money. When the creditor submits an application with the required affidavit, the court will issue a “Writ or Garnishment” which the creditor will deliver to your employer. The creditor does not need to give you any notice before your employer is served, but must deliver a copy of the writ to you within three days after your employer creditor has been served.
•The creditor gets a continuing lien on your wages. The Writ of Garnishment is a continuing lien on the nonexempt portion of your pay earnings from the date that it is served on your employer. Which means that from that point forward, your employer must surrender to the creditor 25% of your wages.

What You Can do to Stop a Garnishment

One way to stop a garnishment is to file bankruptcy. Garnishment is stopped immediately when a Chapter 7 or Chapter 13 is filed. At the successful conclusion of the case, the court discharges, or cancels your debt. A bankruptcy prevents and protects wages from garnishment and may be the better option for a debtor. Along with bankruptcy, there are other measures that can be taken to prevent and cease a wage garnishment:

-Contest the Judgment
-Negotiate a Settlement

We expertly work with you and your creditor to obtain reductions in what you owe and terms you can manage. However, it is always best to call before the garnishment proceedings are instituted by the creditor.

If you are being threatened by a debt collector or are at risk of a garnishment, contact the Law Office of Joseph A. Velez for a consultation to assess your options.

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Our law office represents clients throughout the Phoenix, Arizona area including the cities of Scottsdale, Maricopa, Mesa, Surprise, Paradise Valley, Avondale, Gilbert, Chandler, Glendale, Florence, New River, Fountain Hills, Peoria, Surprise, Queen Creek, Tempe, Sun City, Apache Junction, and Casa Grande. We serve the counties of Maricopa, Yavapai, Gila, Pinal, La Paz, Yuma, and Pima County.

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Joseph A. Velez

480.710.5079

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Scottsdale Financial Center

7272 E. Indian School Rd., Suite 111

Scottsdale, Arizona 85251

480.710.5079

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