How To Stop Wage Garnishment – Jacksonville Wage Garnishment LawsMarch 11, 2014
How To Stop Wage Garnishment in Jacksonville
Wage Garnishment Options By Attorney Robert Peters
One of the real nightmares anyone can face if you live in Jacksonville is wage garnishment. It is an embarrassment at work and for many it is the last straw in a long list of financial problems. But the truth of the matter is; if you are in debt to the point that your credit card company or the local hospital has gone after you and garnished your wages, there may be a solution. While you can always negotiate with your creditors, if you are faced with wage garnishment in Jacksonville, you have probably already been down that road. At this point, the best way to stop them from continuing with wage garnishment is to file for bankruptcy. Bankruptcy is a legal right, and it may be the best solution for you and your family.
Exceptions to Wage Garnishment in Jacksonville Florida
Florida law follows the federal law about when someone can garnish your wages. There aren’t any additional restrictions above and beyond the federal laws as some states have. What this means for you is that they cannot garnish your wages without first getting a court settlement made in their favor. So if you owe your credit card company more than you have any hope of paying back, they will need to take you to court first. This is true of any debt, with a few exceptions. The exceptions are:
- If you owe on income taxes
- If you are behind in court ordered child support payments
- If you have defaulted on your student loans
These are all cases where you will be seeing your wages garnished without having first gone to court. But even then, there are limits to how much of your wages they can take.
Wage Garnishment Has Limits
Luckily, there are limitations on how much they can take when they garnish your wages if you live in Jacksonville Florida. The limitation is that they cannot take more than 25% of your total disposable earnings or the amount by which your disposable earnings are more than 30 times the federal minimum wage. They will take whichever is less. In Florida if you earn less than 30 times the federal minimum wage they cannot garnish your wages at all. But as you can see, once this process starts it will be hard for you to keep your head above water, let alone pay off that bill you owe.
Avoid Wage Garnishment By Filing Bankruptcy in Jacksonville
Of course, when you file for bankruptcy all of this becomes moot. That is because the moment you have filed for bankruptcy, all bets are off with your creditors. The courts will decide which of the debts you have outstanding will be written off with your bankruptcy. However it ends, you will get a clean slate and a chance to start all over. That is the point of going through a bankruptcy and why the courts allow it. Making the decision to file for bankruptcy may not be an easy one, but if you are facing wage garnishment in Florida it just might be the smart decision. If this sounds like you, come by our website and download our free E-book Myths, Secrets and the Truth about Bankruptcy in Jacksonville. Learn what you can do to get your life back. You don’t have to endure the pain of having your wages garnished because of unpaid debt and we can show you why.
Tax Returns and Bankruptcy FilingJanuary 16, 2014
Tax returns and bankruptcy, always a tough situation. With the tax return season just around the corner, if you are in financial trouble you may be wondering if bankruptcy filing could complicate any kind of tax return you see this year. That is a legitimate concern and one that is more complicated to answer than just a ″yes″ or ″no.″ Some of this depends on how big a return on your taxes you are expecting. Some of it depends on the circumstances of your bankruptcy. Whatever your situation, adding the complication of a tax return to a bankruptcy filing can result in many questions and not always a clear indication of the answers.
Should I Wait?
Of course, with tax returns and bankruptcy, one of the main questions that come up is the timing of both events. Which should come first, filing for bankruptcy or sending in for your tax refund? Will getting a refund affect my bankruptcy filing? As you will see in the video by Robert Peters below, that really does depend on what the circumstances are for both actions. This is when having an experienced attorney who knows both the legal and accounting requirements is so important.
Will a Bankruptcy Filing Affect My Refund?
Then there is the other side of the question, how this will affect your refund. If you have already filed for bankruptcy, can you even apply for that refund. When you do each one and how you do it can so easily affect the outcome. Robert talks about this, how what you do and how you spend that refund will affect you and your bankruptcy filing.
Do It Yourself Can Cost You
In the end, the big lesson is that when it comes to tax returns and bankruptcy law, the two laws are complicated. It is therefore not that surprising to find out that when you combine the two it can be very complicated. For anyone who knows and understands the laws it is all about being practical. You can try and do it yourself, but you are taking a chance. As Robert says in the video, it is much like cutting your own hair. You can do it yourself, but the end result may not be pretty. Check out the video below to learn more.
So if you are looking at a tax refund this year and also know that bankruptcy may be in your near future, come talk to our offices first. Tax returns and bankruptcy are not for beginners. Check out the video above, visit our website for more information on just what a Chapter 7 bankruptcy is and then make an appointment. We will sit with you and discuss your situation for free to help you discover if this is the right decision for you. No one should have to make these kinds of decisions alone. Come see us today and together we will help you find how filing for bankruptcy can affect that tax refund and if it even makes sense for you.