Keep More of Your Paycheck with a Wage Garnishment Attorney | Conway, Arkansas

Experiencing wage garnishment doesn’t just impact your bank account. It hurts your pride and steals your peace of mind. We at WH Law know how powerless it can make you feel. We’ve stood beside numerous clients who had to deal with the same situation. But you and your family don’t have to worry.

Our team of skilled legal professionals has also helped numerous hardworking folks across the state. We provide our expert legal services to help you find a way forward, so you don’t a large portion of your paycheck on a debt you can’t escape.

In short, WH Law is here for you. With an experienced wage garnishment lawyer, Conway, AR, residents can feel confident and supported in moving toward a brighter financial future.

What is Wage Garnishment?

For those who are unfamiliar, wage garnishment is a legal action that requires an employer to deduct a portion of an employee’s earnings to pay toward a debt. Many clients we’ve worked with receive garnishments from debts like:

  • Credit card debt
  • Medical debt
  • Personal loans
  • Old repossessions
  • Unpaid federal and state income taxes
  • Child support

In the state of Arkansas, most creditors can only garnish your wages after they sue you and win a judgment by the court.

However, certain creditors can skip going to court altogether, particularly the IRS, state tax agencies, federal student loan services, and spouses trying to collect support payments that have been court-ordered (like alimony or child support).

Regardless of how it starts out, wage garnishment is a tough thing to experience. Messing with your paycheck is personal. Our team gets it, and we also know what steps you can take to make it better. It all begins with contacting us and scheduling a free consultation.

How Wage Garnishment Works in Conway, Arkansas

Different US states have their own laws and limitations regarding wage garnishment. Fortunately, for those living in Arkansas, there are strict limits the state sets on how much creditors can take from your paycheck.

According to federal and Arkansas state law, creditors can only garnish whichever is less:

  • 25% of your disposable earnings (your net income after income taxes and deductions).
  • Your disposable earnings that exceed 30 times the federal minimum wage (which is $7.25 an hour).

However, other types of debts will have their own rules. For example, garnishment for child support payments can result in 50%-60% of your disposable earnings being withheld.

That’s why WH Law is one of the most relentless employment law firms in Arkansas. Employers and other parties will often look for sneaky ways to garnish more than they’ve been ordered, or to continue taking your wages even after you’ve filed for bankruptcy.

For honest, hardworking people across Conway and central Arkansas, we work tirelessly to shut down that kind of nonsense, upholding the law while protecting your rights and livelihood.

Dealing with Wage Garnishment

If you’re facing wage garnishment that could strain your finances, you can fight back. By working with a wage garnishment law firm, Conway, Arkansas, residents will get the options they need to stay afloat. Here’s what we at WH Law often do to help our clients through their garnishment cases:

Challenge the Garnishment

Our attorneys can help you challenge a garnishment if you can prove that:

  • The amount was calculated incorrectly.
  • You were not properly notified about the garnishment.
  • Creditors are trying to garnish exempt income.
  • You already paid off your debt.

In many cases, individuals aren’t aware that they can push back against their creditors. At WH Law, we’ll show you why and how you can. Our attorneys will guide you through your garnishment case, and if possible, we’ll help you challenge the garnishment to ensure it’s handled fairly and correctly.

Negotiate Your Debts

Our lawyers can also help you negotiate and restructure your debt. Knowing you have a strong law firm at your side, creditors may be more willing to accept a repayment arrangement that’s more feasible for you. And if we see this as a possibility, WH Law pushes hard, especially in cases of unfair garnishment.

File for Bankruptcy

While it is a last resort option, and one we will only recommend if it’s genuinely in your best interests, filing for bankruptcy is also another way to deal with wage garnishment.

That’s because when you file for bankruptcy, you often get an automatic stay. This court order immediately prevents creditors from reaching out to collect on:

  • Lawsuits
  • Collections
  • Bank levies
  • Respossessions
  • Foreclosures

Bankruptcy does have a serious effect on your credit score and other aspects of your finances. But, it also gives you some much-needed breathing room.

In addition to wage garnishment, WH Law’s attorneys are also experts in bankruptcy law. We know how to help you keep more of your income and your assets while refinancing your debts.

Bankruptcy & Wage Garnishment

Filing for bankruptcy can be a very effective decision when dealing with wage garnishment. Once your bankruptcy case is in the court system, all collection actions have to stop. But it doesn’t end there.

At WH Law, we’ll guide you through every step of your bankruptcy, ensuring you don’t just deal with your wage garnishment but also make it to the end of your case with a better outcome.

We’ll help you determine which type of bankruptcy works best for your situation, whether it’s Chapter 7 or Chapter 13. Either way, our Conway, Arkansas, wage garnishment attorneys will explain everything in plain terms and help you put your best foot forward.

Chapter 7 vs Chapter 13 Bankruptcy

While both types of bankruptcy can stop your wage garnishment case, each one has differences you should keep in mind:

Chapter 7

  • This requires passing a means test to be eligible.
  • The court will appoint a trustee to sell non-exempt assets.
  • This is known as “liquidation bankruptcy,” as profits from your assets are sold to pay off your debts.
  • Certain assets are exempt, such as your primary residence, a vehicle, clothing, and a pension.
  • Once all non-exempt assets are sold and debts are paid, you may be discharged from them.
  • The process typically takes around four to six months.

Chapter 13

  • This requires you to develop and provide a debt repayment plan to the court.
  • To qualify, you must have a stable income, and your secured debts must be less than $1,580,125.
  • You must also take a credit counseling course 180 days before filing for Chapter 13 bankruptcy.
  • Once approved, your court-appointed trustee will take monthly payments from you to pay off your creditors.
  • Depending on the court, this plan could take three to five years to complete. Once it’s over, you will be discharged from your debts.

When it comes time to figure out whether you should choose to file Chapter 7 or Chapter 13, consult with WH Law. We’ll make sure you make the right decision.

Why People in Conway Choose WH Law

WH Law isn’t some upscale firm that only serves a few. We’re a team of kickass lawyers who work to help real people. Some of the things that set us apart and have brought clients to us are:

  • We listen. From the first consultation, we genuinely want to understand what you’re dealing with so we can provide the support you need to resolve it.
  • We speak honestly. No muss, fuss, or confusing legal jargon. Our team is open and transparent about every step we take in your case.
  • We fight. At our law firm, cases aren’t just another stack of files. They’re weighing on our clients’ lives, and we take every legal measure possible to remove them, so you can regain your freedom and future.

With us at your side, you’ll always know that your case is being handled with care and determination. You’ll know what we know, and, better than that, you’ll be assured that your wage garnishment case is in the hands of experts. So, are you ready to talk? We are. Contact us and book a free consultation today.

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