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Empowering Individuals: Understanding Chapter 128 and Stopping Garnishments

Posted by Nathan DeLadurantey | Jan 22, 2024

In the complex landscape of financial challenges, individuals often find themselves grappling with debts and the looming threat of garnishments. Chapter 128 emerges as a powerful tool that provides relief and a chance for financial recovery. In this blog post, we will delve into the intricacies of Chapter 128 and how it serves as a lifeline for those seeking to stop garnishments and regain control over their financial lives.

Understanding Garnishments:

Garnishment is a legal process that allows creditors to collect debts by deducting money directly from a debtor's paycheck or bank account. This can be a stressful and overwhelming experience, leaving individuals financially strained and struggling to make ends meet. However, there is hope in the form of Chapter 128, a legal mechanism designed to provide relief from such financial burdens.

Chapter 128 Overview:

Chapter 128, often referred to as the Wisconsin wage earner's bankruptcy alternative, offers individuals a way to restructure their debts without resorting to a full bankruptcy filing. Unlike traditional bankruptcy, Chapter 128 is a state-specific option available in Wisconsin, providing a streamlined and less intrusive solution for those facing financial challenges.

How Chapter 128 Works:

One of the key benefits of Chapter 128 is its ability to halt garnishments immediately upon filing. When an individual files for Chapter 128, an automatic stay is triggered, putting a temporary stop to wage garnishments. This provides much-needed relief to debtors, allowing them to breathe and assess their financial situation without the constant pressure of garnishments.

Creating a Repayment Plan:

Chapter 128 operates by establishing a court-approved repayment plan that allows debtors to pay off their debts over a period of up to three years. The court works with the debtor to determine a reasonable and manageable monthly payment based on their income and expenses. This structured plan provides a clear path towards debt resolution while preventing the need for liquidation of assets.

Protecting Assets:

Unlike Chapter 7 bankruptcy, which involves the liquidation of assets, Chapter 128 allows individuals to retain their property. This is particularly valuable for those who wish to protect their homes, vehicles, and other essential assets while working towards financial stability.

Conclusion: 

Chapter 128 stands as a beacon of hope for individuals facing wage garnishments and financial distress. By providing an effective and less invasive alternative to traditional bankruptcy, it empowers individuals to take control of their financial future. If you find yourself grappling with garnishments and overwhelming debt, consulting with a legal professional experienced in Chapter 128 can be a crucial step towards regaining financial stability and peace of mind.

 
 

Attorney Nathan DeLadurantey offers free consultations to explain your legal rights in Wisconsin. Free consultations can be scheduled online. 

About the Author

Nathan DeLadurantey

Nathan DeLadurantey ATTORNEY [email protected] Nathan is a skilled consumer lawyer who handles cases and trials all over Wisconsin. Phone consultations are always free and welcomed. Nathan has helped clients receive large jury verdicts and settlements stemming from consumer law violations, and is ready and able to assist.

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The DeLadurantey Law Office, LLC is committed to answering your questions about Vehicle Repo's, Credit Report/Identity Theft, Auto Fraud, and Debt Collection Abuse law issues in Wisconsin.

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