Wage Garnishment Lawyer in Kansas, MO
Stop Garnishments in Missouri
Dealing with wage garnishment can be very stressful. Here, creditors make you pay back what you owe by taking money from your paycheck even before receiving it. If you have been notified that creditors will soon garnish your wages, it is crucial to act promptly and protect your financial future. Stopping wage garnishment is not easy, but it is not impossible with the help of a Kansas City wage garnishment attorney.
How to Stop Wage Garnishment
Under the federal Consumer Credit Protection Act (CCPA), a garnishee may generally withhold up to 25% of your non-exempt disposable earnings for a single judgment creditor. Missouri state law, however, protects more of your income if you are the head of the household. If this is the case, a creditor can garnish up to 10% of your disposable earnings until a debt is repaid. Alternatively, the court will consider the amount by which your weekly disposable income goes beyond 30 times the federal hourly minimum wage.
If you are dealing with a possible (or are currently experiencing) wage garnishment, a solid first step that you can take is to consult with experienced Kansas City bankruptcy lawyers from the Roach Bankruptcy Center, LLC.
Types of Wages Garnished
Aside from salaries, bonuses, commissions, or even retirement and pension, your income may also be subject to garnishment. In most cases, wages are garnished for most unsecured debts, such as outstanding credit card debt or medical debt.
However, you should keep in mind that lenders may still garnish wages for certain debts such as:
- defaulted student loans,
- court-ordered child support payments and arrears, and
- unpaid income taxes
Dealing with mounting debt is overwhelming. If you wish to stop garnishment, call us at (816) 454-5555. Our skilled Kansas City wage garnishment attorneys at Roach Bankruptcy Center, LLC can help you fully understand the legal process of stopping wage garnishment.
How to Deal With Garnished Wages
Since the law requires garnishees to carry out wage garnishments, it is NOT advisable to try and negotiate with your employer to get them reduced or dismissed. What can be done instead is to challenge the garnishment. A knowledgeable Kansas City wage garnishment attorney can help you deal with an impending wage garnishment.
Missouri Wage Garnishment Limits
Most of the time, if multiple judgment creditors have secured money judgments against you, the first creditor will have full rights, up to 25% wage garnishment, while the succeeding creditors will have to wait. However, it is also possible for judgment creditors to garnish a portion of your wages, so long as the total wages garnished will not exceed the set limits and you still have money remaining to pay for living expenses.
In some instances, a judgment creditor will proceed with collecting up to 25% of your garnished wages only for a set period of time (even if the debt has not been fully repaid). Additionally, under federal wage garnishment laws, an employer generally cannot retaliate or terminate you solely because a single wage garnishment has been issued against you. However, you can be lawfully terminated if two or more judgment creditors have successfully secured money judgments.
Call us at (816) 454-5555 to schedule a consultation with a Kansas City wage garnishment attorney.
Non-Exempt Disposable Assets
The total amount of your non-exempt disposable earnings will determine what shall be withheld from your paycheck. In general, the term disposable earnings pertain to the amount of your wages left after required tax deductions. Some examples of necessary tax deductions include:
- Federal taxes
- States taxes
- Social Security taxes
- Medicare taxes
It is helpful to keep in mind that disposable earnings generally do not consider your monthly expenses for food, housing, healthcare, transportation, or clothing.
Call us at (816) 454-5555 to schedule a consultation with a Kansas City wage garnishment attorney.
Exempt Assets
In Missouri, the relevant statutes define property subject to garnishment as all goods, personal property, money, credits, bonds, bills, checks, or other effects of the debtor and all debts owed to the debtor.
This would mean that funds on deposit in an account with a bank or financial institution are not included and are exempt from garnishment. Additionally, specific types of entities could be exempt from being subject to liability as a garnishee.
If you wish to stop garnishment, seek legal help from experienced Kansas City wage garnishment attorneys. Our legal professionals at Roach Bankruptcy Center, LLC will assess your financial situation and help you determine your best options. Call us today at (816) 454-5555 to schedule your consultation.
Stop Wage Garnishment with the Help of MO Wage Garnishment Attorneys
For obvious reasons, the best way to stop wage garnishment is to make good faith attempts to pay off your debt. At the very least, be aware that if you start receiving complaints, summons, or judgments, a money judgment and wage garnishment could be forthcoming. Since these notices can be overwhelming, it is best to ask a Missouri wage garnishment attorney to ensure that you are on the right track. At all costs, do not ignore these notices.
Depending on your specific circumstance, filing for bankruptcy could be the most appropriate way to stop wage garnishment. There are advantages and disadvantages for each bankruptcy chapter, but both could help you stop the garnishment of your monthly income.
A dedicated Kansas City, MO bankruptcy attorney can explain how a bankruptcy case can help you deal with wage garnishment. Call us at (816) 454-5555 to schedule a consultation today.
Chapter 7 Bankruptcy
Once you file for bankruptcy, the automatic stay essentially prevents creditors and debt collectors from collecting debt repayment, harassing you over the phone, and proceeding with wage garnishment.
However, the automatic stay won’t apply to all creditors or all types of debts when you file a Chapter 7 bankruptcy. If the debt is for child support or alimony, then the bankruptcy won’t cover it.
Call our KCMO wage garnishment attorneys at (816) 454-5555 to schedule a consultation today.
Bankruptcy Chapter 13
By contrast, a chapter 13 bankruptcy can stop all garnishments, including alimony and child support.
However, you are not completely relieved of your domestic support obligations. When you file a Chapter 13 bankruptcy, you will be required to pay those obligations over a three-to-five-year debt repayment plan.
As a result, all garnishments and foreclosure proceedings will stop while the Chapter 13 bankruptcy is active and on going. Call our Kansas City wage garnishment attorneys at (816) 454-5555 to schedule a consultation today.
Filing Bankruptcy to Stop Wage Garnishments
Dealing with an unexpected sickness, job loss, or loss of income can lead you to experience financial trouble. As such, it is advisable to consult with trusted Kansas City MO wage garnishment lawyers who can give your case the attention it deserves.
Losing part of your income and having earnings garnished by a debt collector can be very difficult. Still, it is not too late to take control of your circumstances and improve your financial situation. The most important thing to understand about wage garnishment is that you are not helpless to stop it.
When it comes to stopping wage garnishment, declaring bankruptcy is the most flexible option you can take. It can be initiated before your creditor secures a money judgment or after your wages have already been subject to garnishment.
Trusted Missouri wage garnishment lawyers at Roach Bankruptcy Center, LLC can help you stop wage garnishment. Call us at (816) 454-5555 to schedule a consultation today.
Talk to a Kansas City Wage Garnishment Attorney!
If you are struggling financially, our Kansas City wage garnishment attorneys can help you file for bankruptcy and take action to improve your financial situation. We have extensive experience in helping individuals who are struggling with debt.
Given its complicated nature, individuals planning to file for bankruptcy should first consult with an experienced Kansas City bankruptcy attorney from the Roach Bankruptcy Center, LLC. Call our Kansas City bankruptcy law firm at (816) 454-5555 for legal representation and assistance.
