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  • Highly Recommended!

    I have worked with Seth and he is the utmost professional in how he works with his clients. If you need an attorney you can trust I would highly recommend the Law Office of Seth Hanson.
  • Very Professional.

    Everyone was very professional and efficient. Seth, and everyone that I had contact with were very knowledgeable. I was very pleased with how we were treated by his staff. My questions were always answered promptly. I was very pleased with the service I received and would not hesitate to refer someone to your firm.
  • Non-judgmental.

    You were very open and answered all of my questions. You never made me feel like I was asking a dumb question. I was comfortable with your knowledge of the law. It was hard for me to make this decision to move forward in my life. Everyone was friendly to me and respectful. Non-judgmental. Every question I asked was answered promptly and appropriately. I would recommend you.
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    I found the firm's representation to be more than what I expected. I was always kept in the loop, all my questions were answered (whether or not I asked more than once the same question), and I felt completely supported by the firm staff when going through this (at times) scary ordeal. Thank you again.
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    I liked that you had very friendly, caring staff. You were all very knowledgeable. Your treatment towards me was excellent and you quickly responded to all my concerns. If a friend asked of your overall impression, I would say that we were very impressed and we would recommend you to them.

Garnishments Vs. Levies: What’s The Difference?

attorney, attorneys, lawyer, lawyers, California, CA, Bankruptcy, wage, garnishment, stockton, citrus heights, roseville, sacramento Garnishments and levies are two of common methods creditors use to get paid for delinquent accounts. But how do they differ and why are they a good reason to file bankruptcy?

Legal Actions

Both garnishments and levies are legal actions taken by creditors to seize your assets when you’ve failed to pay a debt. Private creditors such as a credit card lender can only use garnishments or levies if they get a court order in advance. This means that they must sue you and win a judgment before they can use a garnishment or levy order against you. Government agencies such as the IRS do not need a court order before using garnishments or levies against you. Let’s take a closer look at what all of this means.

What Is A Garnishment?

A garnishment is a legal order that forces your employer to take a portion of your wages and hand it over to a creditor. Your employer cannot refuse to follow through on a wage garnishment order. Fortunately, California law prevents a creditor from garnishing more than 25% of your wages after deductions. If you want a wage garnishment to stop, you must negotiate repayment with the creditor or file bankruptcy. If you file bankruptcy, the wage garnishment will stop and the creditor will be repaid through the court if you file Chapter 13 bankruptcy. Or, if you file Chapter 7 bankruptcy, the debt may be discharged. It’s important to note that if you do not stop a wage garnishment, it will continue until your debt is paid in full.

What Is A Levy?

A levy is a legal order that freezes your bank account and seizes the money in it. If a levy is placed on your bank account and you continue to deposit money into it, that money may also be seized by the creditor. Government agencies are more likely to use levies against you while private creditors are more likely to use wage garnishment.

What’s The Process?

Government agencies are not required to sue you before garnishing your wages or levying your bank account but they must give you notice of their intentions and give you a reasonable amount of time to repay the debt or dispute that you owe the debt. Private creditors such as a credit card lender must file a lawsuit and win a judgment against you before they can use wage garnishments or levies against you. This means that at no time can a creditor surprise you with a wage garnishment or levy, they will give you ample written notice. That’s why it’s important that you don’t ignore the letters creditors send you even if you know you can’t pay the debt. If you move quickly, you may have a chance to file bankruptcy before creditors can get their hands on your assets.

If you’ve received notice of an impending garnishment or levy, contact us immediately to discuss your bankruptcy options.

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