Overland Park Bankruptcy Attorney
How does a wage garnishment come about in Missouri or Kansas? The process begins with the filing of a collection suit against a debtor. You will get served papers, which puts you on notice of the civil action against you. If you don’t respond within the required time frame, you will get a default judgment against you. Even if you do respond, usually people owe the money that is claimed to be owed. You will eventually get a judgment against you, Once a creditor has a judgment against you, they can then proceed with other collection techniques. They can try to debit your bank account, put a lien on assets, or even haul you into court for something called a “debtor’s exam”.
A debtor’s exam in Kansas or Missouri is a court proceeding where a debtor must appear to answer questions about his or her assets. Another collection technique is a wage garnishment. The creditor will send a copy of the judgment against you to your employer, and the employer will deduct a portion of your wages and send it to the creditor.
Filing a bankruptcy case at any stage of this process will stop the collection process. So, it is important to meet with an attorney and find out how you can do this. Some people who are retirees think that since their social security income is protected from being garnished, they don’t need to solve their financial problems. This is not a good way to go. You can still be hauled into court for debtor’s exams, the creditors can still put liens on things, and they can harass and hound you on the phone. In addition, you may be setting yourself up for additional estate or probate problems down the road by allowing your estate to be encumbered with debt.
So, the important thing is to deal with the problem. Hoping it will go away is not a real option. Give us a call and we can discuss your options.