One of the worst financial issues that families in Augusta, Georgia face is the garnishment of wages. Most of the time, an individual has warning that their paycheck is about to be garnished. In Georgia, an ordinary creditor would first obtain a judgment against you in court before garnishing your wages and/or bank account. However, unlike ordinary creditors, AAFES and/or Military Star do not have to play by the same rules. They may start garnishing your wages without court process and without warning.
Each month active soldiers, retired service members and civilian employees of the federal government in Augusta, Evans, Grovetown and surrounding areas in the CSRA, find their paychecks greatly reduced. This is because AAFES and/or Military Star have the authority to place an involuntary “allotment” on your wages. Many people just suffer through these involuntary allotments. However, the good news is relief is available even from the actions of AAFES and/or Military Star.
A person being garnished or experiencing an involuntary allotment can file for bankruptcy protection. If you reside in the counties of Columbia, Richmond, Burke, Glascock, Jefferson, Lincoln, McDuffie, Taliaferro or Wilkes, a Chapter 7 petition or a Chapter 13 petition could be filed for you in the United States Bankruptcy Court of the Southern District of Georgia. By filing bankruptcy, you could immediately take control of your finances and stop AAFES and/or Military Star from taking your money. By filing bankruptcy, they would no longer be able to take your wages or your tax refund. Whether you file a Chapter 7 or a Chapter 13 bankruptcy, our Augusta bankruptcy attorney can use the law to stop the collection of the AAFES and/or Military Star debt.
Upon the filing of a Chapter 7 or Chapter 13 bankruptcy, all collection activity including, garnishments and/or involuntary allotments, must stop. For any creditor to continue to attempt to collect a debt after the bankruptcy case is filed is a violation of the automatic stay order issued by the United States Bankruptcy Court.
As a bankruptcy attorney in Augusta, Georgia, it is not unusual for us to contact DFAS and/or AAFES upon the filing of the case to advise them of the filing of the bankruptcy case and tell them that all collection activity must be stopped immediately. Additionally, we are fortunate in the CSRA because we can obtain an additional stop garnishment order from the bankruptcy court to stop all garnishments from ordinary creditors and/or involuntary allotments approximately twenty-four (24) hours after the filing of the Chapter 7 or the Chapter 13 bankruptcy case. Your creditors will stop the garnishments and/or involuntary allotments. They have no choice in the matter.
With rising prices on everything from gasoline to health insurance, most families simply cannot afford to endure a garnishment or involuntary allotment. You can obtain immediate relief from your creditors. If you would like more information on how a Chapter 7 bankruptcy or a Chapter 13 bankruptcy could benefit you, call us today at (706) 872-7117. At the Law Firm of Seymour and Associates, P.C., we can help you on the road to a fresh new start.