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.

Furthermore, our firm can guide you through the garnishment hearing to help you understand what your options are for arguing it. We will also help you understand what documents you can bring to supplement your objection, including relevant paystubs. The objection process does not have to be complicated; let us help you protect you!

Other Ways to Fight Garnishment

While often effective in fighting garnishment, objections are not the only way to protect your wages. If you are facing garnishment that does not involve child support or spousal maintenance, you may be eligible to seek an automatic stay in bankruptcy.

An automatic stay goes into effect as soon as you file for bankruptcy. This will prohibit garnishment for the duration of the bankruptcy, and can only be overturned by court order.

Additionally, you may be able to combat garnishment through debt negotiation. This process involves discussing your situation with a debtor and coming to agree on an affordable repayment plan. If successful, this method of debt resolution can help eliminate garnishment and create an affordable plan for eliminating your debt. Discuss your situation with an experienced attorney to understand your options.

Retain a Firm That Will Protect Your Interests

When you are already living from paycheck-to-paycheck, wage garnishment can cause serious problems in your life. At Leonard V. Sominsky, ESQ., PC, we have helped countless clients work through dire financial situations and pursue a debt-free life. We understand the state and federal laws associated with wage garnishment and can help ensure that your rights are not violated. Additionally, we can help you develop a plan that is specific to your case as you work toward a positive resolution of your situation.

Don't hesitate to contact us! Get in touch with a wage garnishment lawyer by filling out a brief form for your free case evaluation.

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