Richmond Wage Garnishment Attorneys
Using Bankruptcy to Stop Wage Garnishment in Newport News and Virginia Beach
The weight of wage garnishment can feel crushing. You're working hard, but a portion of your paycheck is disappearing before it even hits your bank account. Creditors can seize your wages, making it nearly impossible to cover your bills and provide for your family. If you're facing a wage garnishment or have been threatened with one, you're likely feeling stressed and unsure of what to do next.
You don't have to navigate this challenging situation alone. At Boleman Law Firm, P.C., we understand the fear and frustration that come with wage garnishment. Having helped over 140,000 Virginians retake control of their financial futures, we are also the largest consumer bankruptcy law firm in the state. Our knowledgeable attorneys can assess your circumstances to determine whether Chapter 7 or Chapter 13 bankruptcy can help you stop collection actions (including garnishment), overcome overwhelming debt, and get your finances back on track. We can provide personalized advice without judgment and guide you through each stage of the process.
Discuss your bankruptcy options in a free, no-obligation consultation with our Richmond wage garnishment lawyers. Call (804) 396-2005 or contact us online today. We can meet with you virtually!
Why Are My Wages Being Garnished?
A court order is the most common reason a creditor can garnish your wages. When you owe a debt and you don't make payments, the creditor can sue you. If they win the lawsuit, the court issues a judgment, which legally validates the debt. That judgment gives the creditor the right to take a portion of your wages directly from your employer until the debt is paid.
Federal and state governments can garnish your wages for specific debts without a court order. This is a significant difference from consumer debt. For example, the government can take a portion of your paycheck to collect delinquent federal student loans.
The federal government can also garnish wages for unpaid income taxes. The IRS has its own administrative process for garnishment and does not need a court order. Similarly, the state of Virginia can garnish wages for unpaid state taxes.
In Virginia, your wages can also be garnished for child support or alimony payments. We can explain how bankruptcy affects these types of debts and garnishments during your initial consultation.
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"I am beyond thankful!"
The professionalism, empathy respect and guidance that I received at the Boleman law office was an unforgettable experience that uplift my journey.
- Monica B. -
"Boleman law firm has been the best law firm in Virginia."They helped me and my wife so much I could never repay them for the help they did for us and they were very kind and helpful and always took my calls and always made sure I was doing my part and they never ever let us down they saved our home our automobiles and that was our life as I said they were like family the way they treated us and did so much for us and the price they charged us was so cheap and they never let us down. To us there is no other law firm that is like family.- David R.
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"I highly recommend Boleman Law firm if you are considering bankruptcy."Boleman Law Firm possesses some great lawyers. I had some fears about filing for bankruptcy but their staff walked me through the entire process. I was treated with respect and compassion. It’s not easy deciding to file for bankruptcy but Boleman made the process easy and relatively straightforward.- Robert M.
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"Guided us to a successful outcome."
We had a great experience . Their team is amazing. Very professional while being considerate of 2 older folks with special needs.
- Tom G.
Am I Protected from Wage Garnishment After Completing My Bankruptcy Case?
The automatic stay does not protect you from wage garnishment indefinitely, so it's natural to wonder what happens after your bankruptcy case is over. A successful bankruptcy filing offers significant protection, but it depends on the type of bankruptcy you file and the type of debt you have.
After you complete a Chapter 7 bankruptcy by liquidating non-exempt assets, the court issues an order discharging your eligible, unsecured debts (including credit card debt, medical bills, and personal loans). "Discharge" means the debt is legally wiped out and that you no longer owe the money. Creditors for these discharged debts lose the right to collect from you. This includes a wage garnishment. If a creditor was garnishing your wages for a discharged debt, like credit card debt or medical bills, they cannot start a new garnishment after your case concludes, as the legal basis for their garnishment has been eliminated. The discharge acts as a permanent injunction, preventing them from taking any future collection actions against you on that specific debt.
In a Chapter 13 bankruptcy, your case concludes when you complete your three-to-five-year debt repayment plan. Once you finish the plan, the court discharges any remaining eligible, unsecured debts. By the time your case ends, you have either paid the debt in full or the remaining balance has been discharged, so the garnishment should have no reason to continue. The benefit of a Chapter 13 bankruptcy is that it gives you the structure to catch up on certain past-due debts, like mortgages or car loans, while keeping your property and stopping the garnishment.
While bankruptcy offers powerful protection, it doesn't eliminate all debts. Certain debts are considered non-dischargeable, and creditors can still pursue you for them even after your case is over. This means that a new wage garnishment, or a resumption of an existing one, can still apply after bankruptcy for these specific types of obligations.
Start exploring legal options for stopping wage garnishment and protecting your income by calling (804) 396-2005 or contacting us online.
