A garnishment can be devastating – stop garnishment now
You are at the gas station and your debit card will not work. You go to pay your rent or mortgage and your check bounces. One of the most embarrassing and stressful experiences can be finding out that your wages have been garnished or that your bank account has been frozen. Many times creditors will successfully sue you, obtain a judgment and then garnish your wages or freeze your bank account (a bank levy) without you ever even knowing. By then, many believe it is too late. Stop garnishment now.
Fortunately, hope exists. Our Bankruptcy and Garnishment Attorney may help you stop or even prevent wage garnishments and bank account levies.
Indiana Garnishment Law
It all depends on your situation. There are Indiana Statutes that may allow you to protect your wages or bank accounts from creditors. Indiana Statutes also govern how much can be taken and in what circumstances. If your only problem consists of one creditor that is garnishing your wages, then Debt Settlement may be a great option for you.
Filing Bankruptcy to Stop Garnishment
Fortunately, filing bankruptcy may allow you to not only stop the garnishment, but also recover money that the creditor took from you. Recovering that money occurs through a “preference action”. A preference action consists of your Indiana Bankruptcy Attorney collecting money from your creditor on the basis that they unfairly obtained money from you that may otherwise be protected. The beauty of a preference action lies in the fact that it is not limited to just money. Vehicles, boats, assets of any kind – may be recovered through a preference action.
The basic requirements are that:
- the property was involuntarily seized within 90 days of the filing of your bankruptcy;
- there is equity (value) in the property equal to or more than $600.00; and
- you have the right to exempt all or a portion of the property in your bankruptcy.
Each person’s situation presents different options so call today to learn how we might be able to help you.
How to Stop Garnishment Without Filing Bankruptcy
Just because you have a pending wage garnishment does not mean you need to file bankruptcy. Indiana law may allow you to reduce or eliminate the wage garnishment depending on your specific circumstances.
Is it too late to do anything after the garnishment starts?
No, most type of garnishments can be stopped and we may possibly even recover the money that was already taken as long as it meets certain requirements.
Can I get money frozen in bank account back?
Each person’s situation is unique and should be reviewed by an experienced, trustworthy attorney. Depending on the type of creditor issuing the bank levy, the timing of the levy and the amount of the levy, we may be able to unfreeze and recover all of the money, some of the money or perhaps none at all. Different laws apply to different types of debt and even the amounts you might recover. Contact The Law Offices of Dax J. Miller Today For A Free Consultation to determine whether we can help you stop a garnishment or release a bank levy!