Saturday, June 25, 2005

How to Stop Wage Garnishments in Colorado

How to Stop Wage Garnishments in Colorado

Any attempt at stopping wage garnishment has a better chance of success prior to the process being put into place by the creditor. When wage garnishment goes into effect, a creditor is unlikely to stop the garnishment willingly since you were not making payments prior to starting the process. Federal law establishes wage garnishment laws, but each state can create its own laws as long as they do not exceed the criteria created under federal law. The state of Colorado allows up to 25 percent of your wages to be garnished.

Instructions

    1

    Make an appointment with a local Colorado attorney who specializes in bankruptcy. Ask for a free consultation to discuss your options.

    2

    Gather any information you are asked to bring to your consultation. Generally, this will include all of your income and expenses. Bring any information regarding the creditor, the judgment and any garnishment paperwork you have. If the judgment was granted in Colorado, bring the court paperwork if possible.

    3

    Listen carefully to the advice of the bankruptcy attorney. There are two types of bankruptcy: Chapter 7 and 13. Chapter 7 bankruptcy will eliminate most of your debt. Child support is an example of debt that cannot be discharged. You qualify for Chapter 7 bankruptcy if you make less than the median income for your family size in Colorado. If you make more than the median income, you can pursue Chapter 13. This will reduce your total debt and put you on a payment plan. Both forms of bankruptcy will stop immediate wage garnishment.

    4

    File bankruptcy if you choose to proceed. Once the bankruptcy petition is filed with the Colorado bankruptcy court, the attorney can notify the creditor to cease garnishment.

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