Wage Garnishment / Bank Levy

Stop Wage Garnishment or Bank Levy Immediately

Have you received a notice of intent to garnish your wages or from one of your creditors including the IRS or Franchise Tax Board (FTB)?  What about a notice of intent to levy a bank account?

Stop a Wage Garnishment or Bank Levy

Filing bankruptcy creates an automatic stay against all creditors.  This automatic stay serves to stop wage garnishment, bank levy, repossession, or foreclosure without further order of the bankruptcy court.   Thus, in most instances, a bankruptcy filing will stop a wage garnishment or bank levy immediately!

Creditors can garnish your wages or levy a bank account once they receive a court judgment.  Many people do not realize they only have 30 days to file an Answer after being served a lawsuit.  Creditors can receive a default judgment and proceed with a wage garnishment or bank levy.

IRS Can Garnish Your Wages

The IRS or FTB can garnish your wages or levy a bank account after they have assessed your taxes and determined payment is due.  They will generally send you a few courtesy notices to set up a payment plan, but when payment is not made, they will move forward with a wage garnishment or bank levy.

Once a wage garnishment begins, it’s often the final straw for someone already struggling with paying their debts. A creditor taking up to 25% of your paycheck makes it impossible for you to pay other debts and afford the necessities of life.  Once a bankruptcy is filed, creditors are stayed from collecting any additional funds from your wages or bank account(s).

In certain limited instances funds that have already been garnished or levied can even be recovered after a bankruptcy filing.

Time Frame of Automatic Stay

The automatic stay is shortened to 30 days if there was a previous case within the 12 months preceding the current case filing.  There is no automatic stay if there were two or more previous filings within the 12 months.  Thus it is imperative that the first case is done properly with experienced counsel.

Have Questions? Request a Free Consultation

At Hindley & Henderson, we have been helping clients understand wage garnishment and the bankruptcy process for over 30 years. We work closely with you to explain how bankruptcy can stop wage garnishment, IRS problems, and bank levys. Our skilled bankruptcy lawyers will help guide you smoothly through the entire process.  Our staff is friendly and informative and available to assist you on the phone, via email, or in person. You will receive prompt, personal service and we strive to help our clients feel less stressed about their financial situation.

Many law offices do not have the support staff to answer the phone and emails quickly, but we have staff available Monday through Friday from 9 a.m. to 5 p.m. to assist you. We also have evening and weekend appointments and offer reasonable rates and payment plans.

Hindley & Henderson Bankruptcy Law represents clients throughout the North Bay, SF Bay Area and Silicon Valley. We have a bankruptcy law office in Santa Rosa to serve Sonoma, Marin and Napa Counties, and a bankruptcy law office in San Francisco to serve the SF Bay Area.  We also can provide services for the San Jose, San Mateo and Silicon Valley.

Contact us today to stop your wage garnishment immediately.