What is Wage Garnishment & Bank Levy? And Can Bankruptcy Stop Wage Garnishment & Bank Levy?
If you owe money and fell behind on payments, your creditors can sue you for the amount owed. Once your creditors received a judgment against you in court, they can attempt to collect on the judgment by
- recording an abstract of judgment with the county recorder. If you own real estate, the recorded abstract of judgment will create a judicial lien or judgment lien on your real estate. You cannot sell your home without paying off all liens recorded on your home.
- garnishing your wages. Under California law, if you are a w-2 employee, creditors can garnish up to 25% of your net wages.
- levy your bank accounts. Your creditor can request your county’s Sheriff Department to take money from your bank accounts up to the amount of the court-issued judgment.
You can avoid wage garnishment or bank levy by obviouly making timely payments to your creditors, paying your debt in full, or reaching a settlement that pays a portion of your debt. However, if you are searching for a Sacramento Bankruptcy Attorney or researching Chapter 7 Bankruptcy or Chapter 13 Bankruptcy, it is clear that you cannot keep current with your payments or payoff your creditors or reach a settlement with creditors. A viable option then would be to consider bankruptcy. Upon filing of Bankruptcy, whether it is a Chapter 7 or Chapter 13 Bankruptcy, Automatic Stay comes into effect. Automatic Stay in Bankruptcy stops creditors from collection activities like Wage Garnishments and Bank Levy. Judical Lien or Judgment Lien cannot be removed by Automatic Stay. Your Bankruptcy Attorney must file a motion to remove the liens. It is up you to tell your Bankruptcy Attorney if you have a lien recorded on your home, which can easily be discovered by ordering a title report or researching recorded documents in your county recorder’s office. If you retain this office, we will tell you how to look up Judicial Lien or Judgment Lien recorded on your home.
Although Automatic Stay will stop Wage Garnishment and Bank Levy until the conclusion of your Bankruptyc case, getting a discharge of the underlying debt is a different issue. If the debt is nondischargeable, the problem will just reoccur because the underlying debt is not eliminated. Some debts like domestic support obligation Automatic Stay will have no effect, so wage garnishment and bank levy for child support and alimony will continue even though you filed for bankruptcy. For more information call to schedule a consultation with Bankruptcy Attorney Muoi Chea.
Call Muoi Chea Bankruptcy Attorney to discuss if Bankruptcy is a good option for you. Bankruptcy Attorney offices are located in Sacramento, Stockton, and Fairfield, California to provide debt relief throughout Northern and Central California and serving the following cities:
Alpine, Amador, Ione, Jackson, Colusa, El Dorado, Lassen, Modoc, Mono, Nevada, Placer, Plumas, Sacramento, Sierra, Solano, Sutter, Yolo, Yuba City, Davis, Woodland, Elk Grove, Carmichael, Citrus Heights, Orangevale, Antelope, Fair Oaks, West Sacramento, Roseville, Rocklin, Rancho Cordova, Lincoln, North Highlands, Folsom, El Dorado, Fairfield, Vacaville, Benicia, Dixon, Vallejo, Winters and nearby cities in California. Residents in these Northern California cities will attend court hearing in the Sacramento Bankruptcy Court.
Calaveras, Lodi, Galt, Tracy, Stockton, Acampo, Manteca, Lathrop, Modesto, Ripon, Oakdale, Newman, Patterson, Sonora, Angels Camp, Arnold, San Andreas and nearby cities in California. Residents in these Central California cities will attend court hearing in the Modesto Bankruptcy Court.
Muoi Chea Bankruptcy Attorney regularly attends hearings at the Sacramento Bankruptcy Court and Modesto Bankruptcy Court.