Arkansas has strict laws that allow creditors to garnish up to 25 percent of a person's paycheck as well as their bank accounts. Once a judgment has been entered, the garnishment process usually begins.
If the creditor does not know what assets the debtor has, the law allows a creditor to send the debtor discovery pleadings which compel them to disclose all assets including bank accounts, personal and real property, and their place of employment. The law in Arkansas also allows for continuous garnishment of wages which means the garnishments can continue until the debt is paid in full with all interest that accumulates (usually at ten percent per annum).
Garnishments tend to disrupt the lives of the people being garnished because it takes income from them they rely on and funds from their bank account needed for basic living. Also, many employers will fire employees who receive too many garnishment notices. By the time the collection process has reached the point of garnishment, most creditors are unwilling to work out any kind of payment plan. The only effective way to legally stop this collection process is by exercising your right under federal law to file either Chapter 7 or Chapter 13 bankruptcy.
Filing Bankruptcy Helps You Regain Financial Control
When debts go unpaid, legal actions almost always occur one way or the other. Garnishments are one of the legal actions that happen. By filing a bankruptcy action, you file a legal action that puts the law on your side and allows you to regain control of your finances. It allows you to control your finances in an orderly and predictable manner that protects you from disruptions like wage garnishments. It also helps put you back on track so that you never get in this situation again.
Filing bankruptcy will stop the garnishment process immediately. Once you file, most employers will stop the garnishment the same day they get a case number. The creditor also has to stop the same day you file. If any money does get garnished after the date you file, it has to promptly be returned to you.
Stop Wage Garnishments Immediately
The good news for those who are dealing with wage garnishment is that either Chapter 7 or Chapter 13 bankruptcy can be used to immediately stop garnishments. Either form of bankruptcy will allow you to stop wage garnishment and improve your overall financial situation at the same time. Bankruptcy attorney Gregory Harris has helped Arkansans stop wage garnishments for over 25 years. The Harris Law Firm offers free consultation so you can make an informed decision. We do not charge a fee unless you decided to file. Contact us or call us at 501-372-6985 or set an appointment online.