Tips for Avoiding Wage Garnishment During Debt Collection Proceedings
The average American household with at least one credit card has $10,700 in credit card debt. Consumers are seeing more wage garnishments as collection efforts increase.
November 25, 2011
Tips for Avoiding Wage Garnishment During Debt Collection ProceedingsAccording to CNN, the average American household with at least one credit card has $10,700 in credit-card debt. In addition to owing money on credit-cars, many people also owe money on their homes, cars and for higher education.
It is unfortunate that many individuals and families are burdened by debt collection lawsuits, constant phone calls or wage garnishment. Considering the job market and the overall state of the economy, it is no wonder why Americans are struggling to pay off their debt and stabilize their financial situations.
Wage Garnishment
Companies are able to send garnishment orders to a person's company or bank to obtain funds to pay down debt. To do so, companies must obtain an order from a court and is often used as a collection tool of last resort.
Most people fear garnishment because rather than handling credit trouble on one's own, someone's employer is suddenly made aware of the situation. However, according to the Consumer Credit Protection Act, it is illegal for an employer to fire an employee whose wages are garnished, but this still does not offset the embarrassment some may feel.
How to Avoid Wage Garnishments
First, no one should ignore an order to appear before a court once a collections lawsuit has been filed. Ignoring these orders can magnify a person's problems.
Before credit trouble reaches this point, however, individuals should speak with a qualified bankruptcy attorney who has experience in this area. The attorney can provide advice for speaking directly with creditors, stop harassing phone calls and letters, and advise on the potential benefits of filing for bankruptcy.
Additionally, if the amount garnished from bank accounts or wages significantly impacts a person's ability to provide for themselves or their family, then an attorney can often compel a court to adjust the garnishment amount.
Bankruptcy as an Option
Bankruptcy might be an enticing option for those currently having their wages garnished, as well as those anticipating a garnishment notice. Bankruptcy includes an "automatic stay" which forces creditors to cease all collection activities including wage garnishments. There are harsh penalties should a creditor violate the stay and it provides consumers with peace of mind.
Don't delay dealing with credit trouble. The sooner people address their finances, the sooner they can start rebuilding their credit. Speak with an experienced wage garnishment attorney immediately to discuss options and plan a road to recover.
Article provided by The Adams Law Firm LLC
Visit us at http://www.adamslawcolorado.com