Wage Garnishment Options

If you have been served with an income withholding order you are probably looking for options.  You want to stop the wage garnishment so that you can protect your wages, but are not sure how to go about doing that.  If you’re in Sacramento County you should visit http://www.saclaw.lib.ca.us/pages/claim-exemption.aspx.  This webpage will help you understand the process for filing a claim of exemption.  The claim of exemption can protect the earnings necessary for your support and the support of your family.  However, you will run the risk that your creditor will oppose your claim.  In that case, the matter will be set for a hearing before a judge.  

If filing a claim of exemption does not sound like a good option, bankruptcy can offer lasting debt relief.  When you stop a wage garnishment through bankruptcy you are eliminating the underlying debt and stopping the daily deduction from your wages.  Once your bankruptcy petition is filed with the Sacramento bankruptcy court the wage garnishment must stop due to the automatic stay; an automatic injunction against most collection activities including wage garnishment.  On the other hand, bankruptcy is not right for everyone.  If you have a lot of property or high income, chapter 7 bankruptcy may not be your best option.  First, you may not qualify for chapter 7 bankruptcy since your income is too high and you can’t pass the means test.  Second, you may lose too much property in a chapter 7 liquidation.  Therefore, before you file a bankruptcy petition with the Sacramento bankruptcy court consult a bankruptcy lawyer.

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