Minnesota Stop Wage Garnishment Attorneys

Minnesota Stop Wage Garnishment Attorneys

Stopping Garnishment or Bank Levy Through Bankruptcy

When creditors are not getting results from phone calls and letters, they may escalate matters by taking you to court. With a judgment in hand, creditors can pursue wage garnishment, bank levies or property liens to get their money.

Filing for bankruptcy can get creditors off your back and prevent them from obtaining a judgment. Bankruptcy also can stop garnishing of your paycheck or levying of your bank account that already has started — you may even get some of the money back. The Minnesota bankruptcy lawyers of Hoglund, Chwialkowski & Mrozik, PLLC, can explain and assert your rights.

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Stop Wage Garnishment · Minnesota Bankruptcy Attorneys

We have helped thousands of Minnesotans protect themselves from creditors through the automatic stay and other provisions of the Bankruptcy Code. We sit down with clients to educate them about their rights as debtors and what happens when a creditor starts a lawsuit seeking a court judgment.

  • Garnishment is a court order to withhold a portion of your wages until the debt is paid. A single creditor may take as much as 25 percent of their wages, but all creditors combined cannot take more than 25 percent of your net pay. (Exceptions apply when child support and/or the taxing authorities are involved.)
  • A bank levy allows a creditor to to take money from your checking or savings account to satisfy all or part of a debt. If the debt exceeds the amount in your account, the creditor can levy every last cent. The creditor also can levy your accounts in the future until the debt is satisfied. A creditor does not have to give you notice that the money will be taken from your bank account.
  • A lien is a statutory claim against your house or other property for the amount of a judgment. It allows the creditor to foreclose and take possession to satisfy the debt owed.

When you default on a secured debt, the creditor can repossess the collateral. When you default on an unsecured debt, the creditor must file a lawsuit in state or federal court. If the creditor’s claim is upheld, the court issues a judgment against you. The creditor then can initiate garnishment or levy to satisfy the judgment. They can also take nonexempt assets.

Will filing bankruptcy stop wage garnishment or bank levies? Yes! Chapter 7 bankruptcy will discharge eligible debts, ending any further claim by creditors. If Chapter 7 is not feasible, Chapter 13 bankruptcy also stops garnishment or levy, and allows you to repay creditors over several years without further interest, penalty or legal action. The payment is what you can afford to pay, not what your creditors demand that you pay.

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The Hoglund Promise · What Our Clients Say

We understand that it is devastating to have your paychecks garnished or your bank accounts levied. Don’t stand by and let it happen. At Hoglund, Chwialkowski & Mrozik, our $0 Down Bankruptcy® policy enables you to file for creditor relief immediately by having a trusted third party guarantee your attorney fees, such as a parent, sibling or good friend. Contact us today for a free consultation.