Phoenix Wage Garnishment Lawyer
Seek Protection from Creditor Harassment in Arizona
At Leonard V. Sominsky, ESQ., PC, we know that debt can negatively affect your financial and emotional well-being. One especially difficult consequence of owing money to creditors is wage garnishment, which occurs when a creditor takes legal action against you to have a portion of your wages levied. We work to protect clients who are facing the harsh reality of garnishment in Phoenix.
If your wages are being garnished, it is crucial that you take immediate action to combat your debt by contacting a skilled bankruptcy attorney.
What Does Arizona State Law Say About Garnishment?
In the state of Arizona, wage garnishment can only affect nonexempt wages, and the creditor will have to abide by the limit that can be levied. For example, only up to 25% of your wages can be taken directly out of your paycheck. Additionally, most creditors cannot obtain a wage garnishment against you until they have obtained a court judgment that states the amount of money that you owe them.
The following types of debt may be garnished without a court order:
- Unpaid income taxes
- Defaulted student loans
- Unpaid child support
- Court-ordered child support
Objecting to a Wage Garnishment
A creditor must file suit against you and receive a court judgment before it can garnish your wages. As part of the process, you have the right to object the garnishment, although you must do so before the given deadline, which can be anywhere from five to 30 days. In order to object, you must obtain the necessary documentation from the court, which will include instructions on how to proceed.
Typically, objection forms will tell you:
- When and where you must file the objection
- Whether or not it must be in writing
- Whether or not you may draft your own objection
- The information that the objection must include
- To whom you must serve the objection
- Whether there will be a hearing
- If there is a hearing, when and where it will occur
The objection must contain a detailed explanation of the grounds for your objection, so it is critical to have the assistance of a knowledgeable wage garnishment lawyer when writing it. We can help you understand the laws of exemptions in order to determine if your earnings should be legally protected. Additionally, we can do any and all calculations necessary to prove that the limit is already being met.
Why Choose Leonard V. Sominsky, ESQ., PC?
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