Bankruptcy Law
Chicago Wage Garnishment Lawyer
Are debt collectors calling you constantly? Are you being threatened with lawsuits over past debts? These aggressive tactics can be immensely upsetting to someone experiencing financial difficulties. But all is not lost! A Chicago bankruptcy attorney can fight wage garnishment or wage deductions by taking appropriate legal steps. Wonais Law can help you stop wage garnishments and regain control of your financial situation.
Our Chicago wage garnishment lawyer offers free consultations and is uniquely qualified to help you with wage garnishment issues, debt collection, and declaring Chapter 7 or Chapter 13 bankruptcy if needed. Our lawyers have earned a perfect 10.0 rating from Justia and attorney John Wonais has been named a Rising Star by Super Lawyers. Contact us today for assistance with wage garnishment and additional legal help.
What Is Wage Garnishment?
Wage garnishment, sometimes called a wage attachment, is a court order mandating that the debtor’s employer withhold a sum of your pay from gross wages and send it to a creditor. Usually, the creditor cannot get wage garnishment immediately unless they have a court judgment.
Suppose you are behind on your credit card payments in Chicago. The creditor can only get your wages garnished with a court judgment. However, certain creditors do not need a wage garnishment order. If you are behind on tax payments, student loans, or child support, the government can get your wages garnished without a court order.
Wage garnishment is bad, but there are limits to the money the creditor can seize at one time from a bank account. Federal law states that garnishments cannot exceed 25% of a debtor’s weekly disposable earnings. In Illinois, however, Illinois law says that consumer creditors cannot deduct more than 15% of your earnings for the week.
Illinois also provides wage garnishment exemptions that can be useful, depending on your situation:
- Head of household exemption: If you are the main breadwinner in your home or support children, you could qualify to have more of your income exempt from garnishment.
- Social Security, Supplemental Security Income, and unemployment compensation cannot undergo wage garnishment in Illinois.
How Do You Stop Illinois Wage Garnishment?
A sure way to stop wage garnishment in Illinois is to file Chapter 7 or Chapter 13 bankruptcy. Once your attorney files the bankruptcy petition in court, the judge issues a stay that stops your creditors from contacting you. They need to take further action to collect what you owe.
The automatic stay during the bankruptcy protection will halt wage garnishment, as well as:
- Wages being deducted from your paycheck
- Filing lawsuits
- Repossessing your personal property or vehicle
- Foreclosure in Illinois
- Bill collector harassment
- Threatening phone calls
How Can You Avoid Wage Garnishment?
The best way to stop wage garnishment and other legal actions against you to collect debt is to immediately talk to a Chicago bankruptcy attorney. An attorney can review your case at no cost and help you determine if filing for bankruptcy is the best way to stop wage garnishment and get out of debt.
Contact Our Chicago Wage Garnishment Lawyers Today
Are you considering Chapter 7 or Chapter 13 bankruptcy? Are you facing wage garnishment because of your debts? At Wonais Law Firm, our dedicated wage garnishment attorneys may assist as you face financial difficulties.
Our lawyers can help you fight efforts to garnish wages. When working with Debt Pros, you always can talk to your attorney, not just paralegals. Contact our Chicago wage garnishment attorneys today at (312) 883-5422 for immediate assistance.