How Bankruptcy Lawyers in Miami Can Help with Wage Garnishments

October 31, 2024

In Miami, as in the rest of Florida, wage garnishment can create significant financial hardship for individuals already struggling with debt. When creditors take legal steps to withhold a portion of your earnings directly from your paycheck, the impact on your daily life and finances can be overwhelming. Fortunately, Miami-based bankruptcy attorneys at Wage Garnishments Attorney for Bankruptcy Lawyers are here to help individuals protect their income and explore effective legal solutions.


What Is Wage Garnishment?

Wage garnishment is a court-mandated process in which a creditor collects a portion of a debtor's earnings to satisfy unpaid debts. Common debts that can lead to garnishment include credit card debts, medical bills, unpaid taxes, student loans, and child support. In Florida, garnishment laws allow creditors to claim up to 25% of a debtor’s disposable income.


How Bankruptcy Stops Wage Garnishments

Filing for bankruptcy often offers immediate relief from wage garnishment through an automatic stay. This stay legally prevents most creditors from continuing collection actions, including wage garnishment, against the debtor. Miami bankruptcy attorneys are skilled at implementing automatic stays quickly and effectively to stop garnishments in their tracks.

  1. Chapter 7 Bankruptcy – Often referred to as “liquidation bankruptcy,” Chapter 7 can help discharge many unsecured debts, such as credit card debt and medical bills. Once these debts are discharged, creditors lose the ability to pursue wage garnishment for them.
  2. Chapter 13 Bankruptcy – This type of bankruptcy involves setting up a structured repayment plan to address debts. Wage garnishments typically cease once the plan is in place, allowing debtors to repay creditors over time without additional garnishments.

Wage Garnishment Exemptions in Florida

Florida offers certain exemptions that can prevent wage garnishment in specific cases, such as:

  • Head of Household Exemption: Individuals who provide over half of the support for a dependent may be protected from garnishment if their disposable income is below a certain threshold.
  • Public Assistance and Social Security: These income sources are exempt from garnishment under federal law.


Why Choose a Miami Bankruptcy Lawyer for Wage Garnishment Relief?

Navigating wage garnishment laws and bankruptcy can be complex, and each case has unique considerations. Miami bankruptcy lawyers at Wage Garnishments Attorney for Bankruptcy Lawyers offer personalized legal counsel to:

  • Determine eligibility for wage garnishment exemptions.
  • Guide clients through the bankruptcy process, selecting Chapter 7 or Chapter 13 based on individual needs.
  • Negotiate with creditors to potentially reduce debt burdens outside of court.


Reclaim Financial Stability with Expert Legal Guidance

At Wage Garnishments Attorney for Bankruptcy Lawyers Miami, clients receive dedicated assistance to stop wage garnishments and protect their income. Whether through bankruptcy, debt negotiation, or exploring exemptions, our team is committed to helping clients achieve lasting financial relief.

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