Stopping Wage Garnishment in Massachusetts

When you default on a debt, the creditor will eventually file a lawsuit against you.  If you do not file an answer to the lawsuit or you fail to appear in court, a default judgment in favor of the creditor will be entered against you.  Interest begins accruing on the judgment on the date it is entered and will continue to accrue until the judgment is paid in full.  In Massachusetts, interest accrues on a judgment at the rate of 12%. 

Once a creditor obtains a judgment, it has the right to garnish your wages or levy your property.  To begin garnishment proceedings, the creditor must file the required paperwork with the county where your employer is located.  The creditor must serve that paperwork on your employer and your employer is required by law to begin withholding a percentage of your wages in satisfaction of the wage garnishment order. 

How to Stop a Wage Garnishment in Massachusetts

There are a number of ways to stop wage garnishment.  However, the best method is bankruptcy.  When you file bankruptcy, the automatic stay immediately goes into effect.  The automatic stay prohibits your creditors from making any collection efforts against you and your property, including wage garnishment. 

In addition to the automatic stay another benefit of filing bankruptcy is that you are allowed to claim certain property as exempt, including earned, but unpaid wages.  Any property which is claimed as exempt is protected from the reach of creditors and the bankruptcy trustee. 

Another major benefit of filing bankruptcy is that it is possible to wipe out your unsecured debts.  Although judgments are considered secured debts because they represent liens against all of your property, it is possible to avoid judgment liens.   If you successfully avoid a judgment lien, it will be treated as an unsecured debt which means that it may be extinguished in its entirety. 

Getting Legal Help

If you have been notified that your wages are going to be garnished, contact a qualified Massachusetts debt settlement attorney.  A debt settlement attorney will explain all of your options and work with you to help you resolve your financial issues.