Once an individual defaults on a debt, the creditor has the right to sue them and get a Judgment.  This Judgment can be used by the creditor to obtain an Order for Wage Garnishment.  Under Louisiana Law, creditors have the right to automatically take 25% of your income through a wage garnishment.  Yes, 25% of your paycheck goes to that one creditor for that one debt.  Wage Garnishments generally include high interest and attorney fees.  Therefore, a debt that initially starts out as $2,000.00 can grow to $5,000.00 or more over the duration of a wage garnishment.  Wage Garnishments are a powerful tool for creditors because it allows them to get their money from you without having to wait for you to send it. 


Bankruptcy is a powerful tool that can be used to prevent or stop a wage garnishment.  Generally, bankruptcy creats an "automatic stay" or injunction against the pursuit of a debtor to collect a debt.  This includes any action to sue the debtor or to collect wages from their paycheck.  Once the bankruptcy case is completed, the debt is wiped away and the creditor can never again take any action to collect on that debt.  A creditor who violates the Bankruptcy can be ordered to pay damages to the debtor. 


Wage Garnishments can be stopped or prevented through both a Chapter 7 and a Chapter 13 Bankruptcy.  If you currently have a wage garnishment or you are being threatned with one, please call ou office immediately so that we can help you save your hard earned money. 


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