Stopping Wage Garnishment in Delaware

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People that are having a difficult time paying their bills may be horrified to learn that their wages have been garnished. Aggressive creditors can pursue debtors by suing them in court. Up to 15 percent of an individual’s income can be garnished if a judgment is obtained. To stop wage garnishment in Delaware, respond immediately if you receive a notice that a creditor is pursuing legal action.

Delaware Garnishment Laws

The State of Delaware does not allow bank accounts to be garnished. Therefore, your weekly paycheck is usually the first target for collecting unpaid debts. The Consumer Credit Protection Act (CCPA) limits the amount of earnings that can be garnished. It also protects employees from being fired if their wages are garnished for a single debt. The State of Delaware only allows one garnishment against a debtor. This means that if the individual already has a garnishment levied, another creditor is prohibited from placing a second garnishment.

A debt may have expired when the statute of limitations has run out. Credit card debts that are over three years old can no longer be pursued in Delaware. Failing to make child support payments could result in a wage garnishment order. If a person’s financial situation has dramatically changed, they can seek a support modification. This may temporarily stop wage garnishment until the court issues a new support order.

Bankruptcy May Be Your Best Option

The prospect of filing bankruptcy can be scary for some, but it may be the only option to immediately stop wage garnishment. Creditors can no longer take action against you to collect an unsecured debt. If you qualify for Chapter 7 bankruptcy, most debts can be discharged. People can obtain a fresh financial start while keeping the creditors away from their paycheck.

Consult a Delaware Legal Expert

Attorneys that specialize in debt settlement law may be able to find alternative solutions to bankruptcy. They can also prevent a wage garnishment by filing a response to an impending lawsuit. When you hire a lawyer, debt collectors must contact you through your legal representative. Consult an attorney to find out how they can help.

This article is provided for informational purposes only. If you need legal advice or representation,
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