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Wage Garnishment Serving Families Throughout Massachusetts and Connecticut

Wage Garnishment Laws in Massachusetts

Massachusetts Bankruptcy Attorney Helping You Stop Wage Garnishment

Wage garnishment occurs when a creditor forces you to make payments on your debt by having it withheld from your paycheck. This occurs after the creditor obtains a wage garnishment order, which then requires your employer to take a certain percentage or amount of your wages and give it to the creditor. Creditors typically cannot get wage garnishment orders until they have first obtained court judgments that formally establish that the debtor owes the creditor money.

A court judgment is not required for the following debt cases, among others:

  • Student loans that have defaulted
  • Taxes that have gone unpaid
  • Child support

Wage garnishment can cause a great amount of hardship, especially for individuals who are already experiencing financial troubles. One option for relief that you may want to consider is bankruptcy. When you file for bankruptcy, you can usually put a stop to your wage garnishment while you are undergoing your bankruptcy proceedings, which gives you time to get your debt discharged or under control.

At The Law Office of Glenn F. Russell, Jr., our Massachusetts bankruptcy attorney can sit down with you and discuss the option of bankruptcy with you, as well as other possible forms of debt relief.

Wage Garnishment Restrictions in Massachusetts

Creditors can only take out a certain percentage of a debtor's wages through wage garnishment. According to Massachusetts General Laws 246 §28, the amount of wages that cannot be collected through garnishment is either 85% of the debtor's gross wages or 50 times the state's hourly minimum wage per week. (The state's hourly minimum wage is used in these calculations since it is higher than the federal minimum hourly wage). This means that in many cases in Massachusetts, wage garnishment is capped at 15% of your gross wages (or your wages before taxes are taken out), though there are situations in which more can be taken out of someone's paycheck.

Relief Through an Automatic Stay

When debtors file for bankruptcy, they can usually get automatic stays placed on debt collection efforts that are being carried out against them. This includes wage garnishment, creditor lawsuits, repossession of property and more. The automatic stay remains in place while the bankruptcy is ongoing. By the time the stay is lifted, most individuals have been able to have their debt either discharged or paid off, which then eliminates the need for wage garnishment.

Because bankruptcy is very complex, it is important for you to talk to an attorney so that you can determine if this is the best option for you. We can also help you learn about various alternatives to bankruptcy. Contact us so we can provide you with sound legal guidance!

 

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The Law Office of Glenn F. Russell, Jr. is here to help you and provide legal guidance as needed.

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Our FAQ

  • Do I really need a foreclosure lawyer?
    Absolutely. Should you need foreclosure defense counsel, only an experienced attorney can determine which course of action is best for you. Whereas predatory scam artists try to prey on your financial vulnerability, a skilled foreclosure defense attorney genuinely can look out for the best interest of you and your family. Legal advice must be practical and efficient in order to be effective, so if you need strong legal guidance, trust that The Law Office of Glenn F. Russell, Jr. can offer the counsel needed to successfully navigate the complicated legalities of foreclosure or bankruptcy.
  • Third parties are offering to help my foreclosure process. How do I know who to trust?

    Perhaps one of the greatest obstacles individuals encounter during the foreclosure process is learning who to trust and who to avoid. Due to the nature of the foreclosure process, descriptions of any homes being foreclosed may be published and accessible as public information. It is a sad truth that there are fraudulent companies that prey on public lists of foreclosing homes and attempt to take advantage of a people's financial vulnerability.

    You may be contacted by mortgage brokers, mortgage negotiators, or mortgage holders. You may also be contacted by a Massachusetts bankruptcy attorney or a private financier who offers to help you sort out your finances. These parties may be dependable sources of legal and helpful advice during your foreclosure.

    Unfortunately, there are frauds and scam artists who will try to take your home or your money without providing any sort of service. A general word of advice we give to clients to follow is: If a deal sounds too good to be true, it probably is. Avoid scams with the help of a qualified attorney from our firm!

  • What happens at a foreclosure sale?

    It doesn't happen all the time, but if you have exhausted all of your legal alternatives and feel as though a foreclosure or short sale is the last resort, you need to know what to expect.

    No foreclosure sale is exactly the same, but for the most part, the foreclosure sale process typically involves the following:

    • Lenders must first send a notice of a foreclosure to the homeowner. The notice must be sent at least 14 days prior to the foreclosure sale date.
    • A foreclosure sale will take place at the date, time, and place specified in the foreclosure notice.
    • The foreclosure sale will be conducted by a licensed auctioneer. The auctioneer will read various legal notices, descriptions, and documents pertaining to the property.
    • The auctioneer will take bids on the property, take deposit checks, and accept the highest bid to close the foreclosure property sale.
    • Parties - including the mortgagor, the purchaser, and the auctioneer - will draft a foreclosure deed, which must be recorded and filed at the Registry of Deeds.
    • A grace period - typically 30 days - will be given to allow the purchaser to line up financing.
    • A closing will take place, and the new owner will formally take title to the foreclosed property.

    All monies paid by the new purchaser will go toward paying real estate taxes, owed mortgages, and payments to creditors or other debts owed on the property. If no one at the foreclosure sale is able to bid a high enough amount to cover the debt of the property, then the balanced owed - called a deficiency - would then be the liability of the old owner.

Why Choose The Law Office of Glenn F. Russell, Jr.?

  • 100's of Clients Helped
    Glenn has helped hundreds of clients through their bankruptcy & foreclosure issues.
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    Talk through all of your legal options during a free consultation.
  • Over 15 Years of Experience
    Glenn has been stepping forward to help homeowners through foreclosure for years.

Contact The Law Office of Glenn F. Russell, Jr. Today!

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