Facing a wage garnishment is one of the most stressful financial crises. The good news is that you have immediate legal rights, and action can be taken quickly, often within 24 hours. Crawley Law Firm specializes in intervening to stop garnishments across Arkansas, including Central Arkansas and the surrounding areas. Here are the most urgent questions we receive.
What is the fastest way to stop an active wage garnishment in Arkansas?
The most reliable and fastest way to stop an active wage garnishment is by filing for Chapter 7 or Chapter 13 bankruptcy. Upon filing, the federal Automatic Stay immediately takes effect, which is a court order that requires your employer to cease withholding wages, often effective immediately upon notification.
Can a creditor in Arkansas garnish 100% of my paycheck?
No, federal and state laws limit how much can be garnished. In Arkansas, for ordinary creditors (like credit cards or medical bills), they can only take the lesser of 25% of your disposable income or the amount by which your income exceeds 30 times the federal minimum wage.
Do I receive a warning before a creditor begins garnishing my wages?
Yes. Before wages can be garnished, the creditor must first sue you and obtain a court judgment. Once the judgment is secured, they must file a Writ of Garnishment. You will typically be served a notice of the lawsuit, but you may not receive a specific final notice before the garnishment begins.
If I file for bankruptcy, will I get back the money that was already garnished?
Possibly. If a creditor garnished funds shortly before you filed for bankruptcy (usually within 90 days), and those funds exceed a certain dollar amount, your bankruptcy attorney may be able to file a motion to recover those funds from the creditor.
Does Chapter 13 bankruptcy offer protection from IRS or student loan garnishments?
Yes. While government debts have special rules, filing for Chapter 13 can stop IRS tax levies and Administrative Wage Garnishments for federal student loans. These debts are then included in your comprehensive repayment plan, which stops the immediate garnishment action.
Stop the Crisis: Your Immediate Legal Filing is the Solution
A wage garnishment is an immediate financial emergency that cannot be solved with delay or promises; it requires the powerful intervention of the federal court. If you are facing the loss of your paycheck in Arkansas, the time for merely asking questions has passed. The most critical step you can take right now is contacting an attorney to discuss filing for Chapter 7 or Chapter 13 bankruptcy, which triggers the Automatic Stay and legally compels your employer to stop the garnishment. Don’t wait until another pay period is lost; contact Crawley Law Firm immediately for decisive legal action that restores your income and starts your path toward long-term financial stability.
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