When a person experiences financial trouble and is unable to pay their bills, they may have to seek the legal advice of a bankruptcy attorney — especially if creditors are suing them or garnishing their wages. Thomas A. Corletta, Attorney at Law is known for his compassionate, honest, straight forward legal approach. Located in Rochester, NY, he offers legal advice to clients on the debt collection process and addresses concerns they may have regarding wage garnishment, foreclosures, repossessions, bank account levies, etc. One of the biggest concerns individuals facing garnishment have is that their employer may learn of the judgment.

If a creditor obtains a judgment against a debtor in New York State, they will seek to enforce that judgment so they can recover the money owed. One of the most common methods of enforcement is garnishment. According to New York law, a creditor may garnish up to 10% of a debtor’s wages. A wage garnishment is enforced by using law enforcement personnel, such as City Marshals or Deputy Sheriffs.

If the debtor makes voluntary payments, their employer will not be informed of the wage garnishment. If however, the debtor fails to make voluntary payments, the levy will be delivered to their employer, who will then be responsible for deducting payments from the debtor’s wages. This affects the employer, who then must do the extra record keeping and remit payments to the Marshal or Sheriff, creating extra work and expense.

When financial troubles strike, they can have serious consequences. From wage garnishment to foreclosure, a person has much to lose if they do not promptly seek legal advice. Because of this, Thomas A. Corletta, Attorney at Law, recommends that individuals in this situation look into filing for Chapter 7 or 13 bankruptcy, based upon their circumstances.

When an individual files bankruptcy to stop a wage garnishment, their employer will be informed, because the wage garnishment will be stopped. If the individual files for bankruptcy prior to having their wages garnished, their employer may not learn of their financial problems. In any event, an individual cannot lose their job just because they have filed for bankruptcy, as this is prohibited by Federal Law. Bankruptcy may occur due to catastrophic life events, such as illness, divorce, injury, or prolonged unemployment. The Bankruptcy Code is often used as a safety net to help people in these circumstances.

Thomas A. Corletta, Attorney at Law has been helping clients resolve their legal problems for over 36 years. As a renowned bankruptcy, family, and criminal defense attorney, he advocates on the behalf of those in need. Individuals who are at risk of having their wages garnished, or who are currently subject to wage garnishment or other collection action, should seek the advice of an experienced bankruptcy lawyer. Learn more by calling (585) 546-5072 or going online today. Bankruptcy consultations are free. You can also find the law firm on Facebook and Twitter.