Monday, January 26, 2015

How To Stop Garnishment Today San Francisco CA

By Janine Hughes


When a person is unable to pay their debts to a given creditor, the creditor may take legal action against them so as to get his money back. If this is the case, the court system may decree a garnishment order. This involves deducting money from the income of the debtor until his dues are fully settled. However, this has not been in good books with everyone and there have been campaigns to stop garnishment today San Francisco CA.

The procedure of garnishment involves deducting income from the defendant. This is inclusive of all income, including wages and salaries. These deductions are invoked by a court order as a result of a case against a debtor. The funds are deducted until the total amount due is paid off, including any and all interest charges and other sundry costs involved.

Most people in society as well as those entangled in such court battles depend on a single paycheck for their livelihood. As such funds are deducted as a natural deduction such as tax and levies would be. The court and creditor usually communicate this to the debtor's employer. He is instructed to slash off a certain amount from his payroll and send it to the creditor until notice is given to cease.

Failure to pay off certain debts has been noted to almost certainly lead the debtor to a garnishment sentence. These include failure to repay student loans on time, failure to pay up on child support and alimony, and failure to pay court fines on time, as agreed.

Credit card debt has been recorded to have the highest defaulters sentenced to summons. Most credit card companies will attempt other methods of settling the debt before settling on garnishing the debtor. The company usually will attempt to sell the debt to other companies. If all else fails, the company will then sue, which against most odds will lead to garnishment.

This procedure however faced a lot of opposition from circles who believe it is not the right procedure for following up on such debt. This has led various legal scholars, lawyers and advocates alike to seek for ways in which their clients can get out of such difficulty without incurring the embarrassment and other negative effects that come along with garnishment.

Filing for bankruptcy is a method being advocated for by lawyers to avoid summons. It can also be used to cease the collection of income. The procedure has to be done correctly and carefully. Requesting a negotiation with the creditor is another method that has shown positive results and will often result in elimination of the summons.

Filing for a lawsuit that leads to garnishment has been the go to resource for many creditors who have not been paid in due time. This has however not been received well by many and they are looking for better ways to settle such disputes. There has been regulated activism to stop garnishment today in San Fransisco and it seems to be bearing fruit.




About the Author:



No comments:

Post a Comment