Garnishments
Collection Defense

Garnishments are orders from another court to deduct money from your paycheck to pay a judgment, and in a bankruptcy case the garnishments will stop as soon as you file your bankruptcy petition.  By law your employer can only garnish up to 25% of your paycheck for most judgments, but child support orders can garnish your paycheck up to 50%.  In all bankruptcy cases your creditors are not allowed to take money or property from you after you file bankruptcy and have to go through the court to get paid if they end up getting paid at all.  If your employer takes money from your paycheck for a garnishment after you file bankruptcy then we can apply to the court for them to order the creditor to return those funds.

If the garnishment is preventing you from being able to afford the costs of bankruptcy then there is another strategy you may want to consider.  Usually garnishments are the result of a judgment from a collection lawsuit in General Sessions Court.  Anyone who has a garnishment from General Sessions may file a motion to set payments, which will immediately stop the garnishment and set a court date for you to ask the judge and creditor if you can pay a smaller amount directly to the court clerk instead of garnishing your paycheck.  At the very least filing that motion will buy you some time to get the bankruptcy paid for and filed.

If your paycheck is being garnished for child support then the bankruptcy will not stop that garnishment, and the court will prefer you keep paying that yourself instead of setting up a payment in your Chapter 13 plan.  You also have the ability to pay on your child support arrears in a Chapter 13 plan, which may allow you to pay less per month than the Juvenile Court wants.

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Jeremy Davis has successfully represented my interests on multiple occasions. In my dealings with Jeremy I have found him to be highly competent, respectable, attentive, and knowledgeable. I am very satisfied with and would highly recommend Jeremy for any family law or bankruptcy case. - Charles, Bartlett, TN
2014-01-29T20:09:11+00:00
Jeremy Davis has successfully represented my interests on multiple occasions. In my dealings with Jeremy I have found him to be highly competent, respectable, attentive, and knowledgeable. I am very satisfied with and would highly recommend Jeremy for any family law or bankruptcy case. - Charles, Bartlett, TN
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2014-01-29T20:09:33+00:00
I recommend, Jeremy Davis, Davis and Greene Law firm, to all potential clients.  It will be the best decision of your life. - Darlene, Memphis, TN