bankruptcy Information
Matthew Foley
Esq. & MBA
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Avoiding Lawsuits, Bank Levies, & Wage Garnishments
The debt industry is changing, and more and more of unsecured debt is being placed with collection law firms, versus collection companies. Arizona has several large collection law firms that handle the bulk of unsecured debt, including Bursey & Associates, Guicleumo & Associates, and Hameroff Law firm in Tucson. If you have unresolved debt that remains outstanding, it is a very high probability that eventually you will be sued on the unresolved balance.
Unresolved debt, such as credit cards, leads to lawsuits, wage garnishments, and bank levies.
A civil lawsuit turns a collection account into a judgment. Once a creditor has received a judgment, a creditor can garnish wages and/or levy a bank account. In the state of Arizona, creditors can garnish wages up to 25% of a debtor’s income. That number is staggering, especially considering financial hardship may have gotten you into this situation in the first place. Wage garnishment is known as “writ of garnishment” to the court and occurs when a court instructs an employer to withhold funds from a debtor’s wages for the benefit of a judgment creditor. When a wage garnishment occurs, not only will you be aware of your financial struggles, but now your employer may be aware as well.
A bank levy is when a judgment creditor takes money from your bank account. An individual is not notified in advance, but rather will be told after the fact, that funds have been removed from their bank account(s) via a court order. An individual can protect $300.00 in their account, and a married couple can protect up to $600.00 in an account. Social security is also exempt up to 100% of the proceeds traceable in the account. In addition to a court ordered bank levy, credit unions (and some banks) will withdraw money from an account to satisfy an outstanding or delinquent debt with that same financial institution. For example, Vantage West Credit Union could/will offset money from a checking account to pay towards a delinquent Vantage West credit card.
If bankruptcy is the right financial tool, it will immediately end wage garnishments. All garnishment efforts will be forced to cease when a bankruptcy petition is filed. Bankruptcy will also prevent bank levies and resolve outstanding judgments.
"An EXEMPLARY Attorney! Dedicated, Caring, Knowledgeable, Experienced. ABSOLUTELY THE BEST!"
Mr. Foley and his staff far exceeded my expectations! No words can adequately express my heartfelt appreciation for the exceptional support I received throughout what was surprisingly a very positive, stress-free, and smooth process. I highly, highly recommend Matthew T. Foley!
Kate
September 14, 2016
"Your Excellent Choice!"
Matt and his team rock !!!!!!!!
They took the stress and worries out of the whole process and made it smooth and stress free. He and his staff are caring, knowledgeable, very organized, honest and affordable. They responded quickly to any questions or concerns I had.
I would highly recommend Matt and his team to anyone who needs a bankruptcy...... Thank you so much
Karina
July 13, 2017
"Caught in a Bind”
I was in a real bind and not knowing the law, I contacted the best reviewed bankruptcy lawyer in town. After the consultation I left feeling better about my situation with a much better understanding of the law. The man knows his stuff and is very knowledgeable. I hired him and he did an amazing job. I literally did nothing but answer questions in an honest manor. The staff is a collection of incredible people, who are kind and very nice and understanding towards your situation. Thank you so so much for everything and would recommend the heck out of this gentlemen. Awesome experience.
Jesus
March 6, 2017
"Truly Awesome"
Matt and his team rock!!! They took the stress and worries out of the whole process and made it smooth and stress free. He and his staff are caring, knowledgeable, very organized, honest and affordable. They responded quickly to any questions or concerns I had. I would highly recommend Matt and his team to anyone who needs a bankruptcy or debt settlement attorney.
Teresa
October 21, 2016
"Brinda ayuda honesta"
Le agradezco a usted y a su equipo de professionales por el apoyo, la guia, comprension y toda la asistencia brindada al lo largo del proceso. Siempre estuvieron ahi para ayudarme, para responder mis preguntas. Gracias al buen trabajo que hicieron pude no unicamente liberarme de mis deudas pero tambien mejoro mi salud, mi bienestar y el de mi familia. No tengo con que pagarle todo lo que hizo por mi. Muchas gracias por todo. Dios lo bendiga a usted y a su equipo y continuen ayudando a nuestra comunidad hispana como hasta ahora... con honestidad y respecto.
Lourdes
August 11, 2017
"Excellent”
Mr. Foley handled my chapter 7. After my first meeting with him I instantly felt better about the whole thing. I was stressed about my finances and felt guilty for even considering a bankruptcy. I felt like a total failure. Mr. Foley was able to help me see that it was the right business decision and was also able to help me by pointing me to resources for a redemption loan on my vehicle. If you are considering a bankruptcy attorney, I would recommend you consult with Mr. Foley.
Client #1
July 18, 2017
"Very helpful even though not client (yet)”
Matthew represented us at a Trustee meeting when our Phoenix attorney could not be present. He was knowledgeable and helpful. In addition, when my existing attorney became "disengaged", we contacted Matt and he spent a lot of time helping us understand some issues we were having. He was supportive, helpful, and gave excellent advice even though we were not his clients. I highly recommend him and he will be my first call for any future legal issues.
Doug
May 23, 2017
"A saving grace!"
I was literally days away from having my paychecks garnished. Not knowing what to do anymore, I decided to look for an attorney and researched all around Tucson. I came across reviews of Matt's firm on multiple sites and saw he was the highest rated and most reviewed. I decided to go in for my consultation and I couldn't hire him quick enough. Halee was awesome in helping me as well. I submitted all of my paperwork in less than 24 hours and 3 days later, I filed. I was so sick to my stomach in the stress of the debts I had. I was quickly relieved. Matt made me feel comfortable and told me just to relax. I think we are all scared of the unknown and what lies behind Bankruptcy. But I cannot speak highly enough of the positive experience I had with Matt and his team. Thank you so much, from the bottom of my heart. Finally, there is light at the end of the tunnel.
Melanie
April 27, 2017
"Matt is fearless and unflappable...”
Finding Matthew Foley and his team was like finding cool, clear water in the desert. After wading through several overworked, confused huckster attorneys in the bankruptcy area; finding Matt was like finding an angel. He was not put off by complexities in our case and he was always a calming, soothing commander in the midst of a difficult situation. He was a great strategist and his professionalism was amazing. He was incredibly patient to explain and reassure us of the best course of action. I have been exposed to many attorneys in my life but none have ever impressed me the way Matt Foley has. Even his staff, Halee, Alysha and Austin maintain extraordinary standards of professionalism while always supporting Matt in his mission: to serve and reassure the fiscally challenged throngs that enter through Matt's door hoping for knowledge and assistance. I would give Matthew Foley the highest possible recommendation as the best Bankruptcy Attorney in Arizona. Five Stars are not enough to capture what he does for the people of Tucson, Arizona. I would also recommend him for any position that requires competence, calm professionalism and uncanny skills, knowledge and competency. Matt is fearless and unflappable. Thanks again, Matt!
John
December 12, 2016
"Excellent choice for bankruptcy"
Matt helped get us a chapter 7 bankruptcy in a quick and professional manner. He explained the process step by step and allowed us from feeling overwhelmed to relieved. He stopped the garnishments from continuing and I even got my garnishment checks back. if I ever needed more help in the future, I would go back to him and recommend him to anyone that needs help with debt.
Rebecca
May 25, 2017