When you’re in debt or have other financial obligations, wage garnishment can turn what money you do have coming in into what seems like nothing at all.  Preventing wage garnishment can help you have a little stronger cash flow, allowing you to allocate payments where they need to go rather than where your creditors want them to go. In most cases, wage garnishment can be avoided by making prompt, on-time payments.  You can also pay off the debt that’s causing the garnishment or contact the creditor to potentially arrange a modified payment plan.  If you fall behind or fall into debt, then garnishment can begin, and you will usually need to talk to the creditor to get garnishment stopped.  However, collections can often be stopped entirely by filing for bankruptcy, if appropriate. For help with your situation, call the NJ bankruptcy attorneys at Young, Marr, Mallis & Associates today at (609) 755-3115. Avoiding Garnishment in the First Place in New Jersey Wage garnishment is a tool that is typically only used to collect when you are already behind on payments.  Garnishment takes the money straight out of your paycheck rather than giving you a chance to pay it on your own.  Since garnishment only begins once there is already a proble, you can usually avoid garnishment in the first place by paying your bills on time and avoiding falling behind. If you are in a situation where you have to choose between which bills to pay, you can avoid the harshest potential garnishment by paying your biggest bills first.  Things like mortgages and car payments are often the largest monthly credit bills people have, though for some, credit card bills will be much larger – and have a much higher interest rate.  Allocating payments to the most important and highest dollar amount bills first can help prevent garnishment on those. If you are able to, paying down or paying off a debt entirely will also prevent garnishment.  Though, if you are reading an article about how to avoid garnishment on a bankruptcy attorney’s website, it is likely this is not an option for you. Keep in mind that sometimes garnishment is automatically applied for certain obligations, usually when it comes to child support and alimony.  NJ tends to only use wage garnishment as an enforcement mechanism for unpaid support, but if you have support obligations from another state with automatic wage garnishment, you might not be able to avoid that wage garnishment. Limits on Wage Garnishment in NJ Keep in mind that wage garnishment usually cannot take your entire paycheck away from you.  There are both federal and state limits on how much can be garnished and when garnishment can take place. Federal (i.e., nationwide) limitations start with garnishment only applying to your “disposable” income.  That means the income after taxes, unemployment, Social Security, Medicare, and other required deductions are paid out of your income.  Garnishment also cannot exceed 25% of your disposable income.  Alternatively, if you make over 30 times the federal minimum wage, then only the portion over that can be garnished (if that’s less than 25% of your income).  So, for example, if your take-home pay in a 40-hour work week is $250/week, then only $32.50 can be garnished.  At $300/week take-home, $75 per week can be garnished (25%). State restrictions are based on 250% of (2.5 times) the federal “poverty level” instead, which has a sliding limit based on household size and income.  For example, in a four-person household, the federal poverty level is $30,000 per year, so 2.5 times that is $75,000.  If you make under whatever the level is for your household, then garnishment caps at 10% of income.  This limit is raised to 25% if the debt is held by the state and you make over 2.5 times the poverty limit.  Additionally, garnishment for payments under $48 per week. In many cases, this means that low earners actually cannot face garnishment.  However, you should never try to lower your income just to avoid garnishment; that will make it infinitely harder to ever actually pay off your debt. Talking to Creditors to Stop Wage Garnishment in NJ In many cases, creditors will be flexible in helping you stop wage garnishment.  It is always up to the individual creditor’s terms and practices, but in many cases, you can try asking your creditor to stop or limit wage garnishment.  If you have only missed a few payments, going to court and getting an order for wage garnishment might be hard and time-consuming, so the creditor might be happier to put you on a payment plan.  You might also be able to negotiate a payoff with some creditors, potentially easing your debts and burdens. However, you should always work with a financial expert and potentially speak with a Voorhees, NJ bankruptcy attorney, as many of these debts might actually be dischargeable in bankruptcy. Stopping Wage Garnishment by Filing for Bankruptcy in New Jersey When you file for bankruptcy, collections must stop as part of a mechanism called an “automatic stay.”  This is one of the biggest benefits of filing for bankruptcy, whether you file under Chapter 7 or Chapter 13.  In either case, an automatic stay can end collection calls, stop repayment, and give you breathing room. However, you must also go through the rest of the steps of bankruptcy; you should not file just to get breathing room and then abandon the process.  However, by completing a bankruptcy filing, you may be able to have many of your debts discharged or paid through reorganization.  This can help keep many people in financial distress afloat, but it is not the right move for everyone.  Make sure to speak with a lawyer about your options before filing. Call Our Bankruptcy Attorneys in New Jersey Today For help avoiding garnishment and filing for bankruptcy, contact our Trenton bankruptcy lawyers today at Young, Marr, Mallis & Associates by calling (609) 755-3115.

Having your car repossessed is not just humiliating. It is also a serious disruption to your life. Repossessions do not always go smoothly, and the repo workers taking your car might encounter obstacles, such as other vehicles in the way. If your car is blocked by another vehicle, repo men can move it to get to yours. However, repossession workers cannot take your property in a way that breaches the peace. Still, repo workers can enter public or private property and take your car without providing advanced notice, but there are some limits. Generally, repo workers must leave your property if you say so, they should not use force, and they cannot get assistance from law enforcement. If your car is repossessed, you should contact an attorney right away. It is also a bad idea to try blocking your car with another car on purpose, as you might only make the situation worse. If your car was repossessed or you believe it will be, call our Pennsylvania bankruptcy lawyers at (215) 701-6519 to schedule a free case review with us at Young, Marr, Mallis & Associates. Can Repo Men Move Other Cars to Take Mine in Pennsylvania? There might be various obstacles hindering the repossession of your vehicle, including other cars blocking the repo men from your car. Generally, repo workers should not be moving vehicles they are not authorized to repossess, but there might be exceptions. While repossession workers are not law enforcement agents, they are often permitted to do things others are not. The biggest and most obvious power these repo workers have is the ability to take back a vehicle without the owner’s permission. Even so, repo workers are limited in how far they can go to take your vehicle. The situation becomes tricky if your vehicle is blocked off by another car not slated for repossession. The people working for the repossession company can move the other car to get to yours. However, this might not be possible if moving the other car constitutes a breach of the peace. If the repo workers cannot move the other car, they may try again another time when moving the other car would not be a breach of the peace. A breach of the peace is not necessarily a criminal offense but might be more akin to a public disruption. For example, if the owner of the car blocking yours refuses to allow the repo workers to move their car, they may not do so. Alternatively, if the cars are in a locked garage or behind a private fence, they cannot be moved without trespassing, which would be a breach of the peace. Can I Block My Car with Another Car to Stop Repossession in Pennsylvania? A tactic sometimes used by people who know their car is at risk of being repossessed is to intentionally block their car with another vehicle. Generally, when people buy cars, part of the agreement with the car dealer or creditor is that they can enter your private property and repossess the car if you fail to make payments. However, your neighbor’s car is not subject to the terms of the agreement, and repo workers should not move it if they are told not to. Even if you try to block the repo workers from your car with another vehicle, they might breach the peace by trespassing on private property anyway. For example, repo workers might try to quickly move the car before anyone notices, especially if they believe nobody is home. Even if you tell them to stop, they might refuse in the hopes that you do not press the matter any further. What Repo Men Can and Can’t Do to Repossess Your Vehicle in Pennsylvania Repo workers are generally allowed to repossess a vehicle under various circumstances. However, repo men may not take a vehicle if doing so would breach the peace. Exactly what constitutes a breach of the peace may vary from case to case and is not always easy to identify. If you believe your vehicle was repossessed illegally or in a way that breached the peace, contact an Allentown bankruptcy attorney immediately. Your car can be repossessed at almost any time and place. Your vehicle might be repossessed on public or private property. Repo men typically come looking for the car where they know they are likely to find it, such as your home or place of work. Repo men do not have to notify you that they are coming to take away your car. Many repossession companies try to take vehicles when the owners do not notice. For example, they might repossess your vehicle when it is parked in your driveway, and nobody is home to stop them. Instead, notice is usually sent by certified mail the day after the repossession. Moving another vehicle to get to yours might be considered a breach of peace under certain circumstances. For example, if your car is in your drive and blocked by another vehicle parked behind it, the repo men might ask if they can move the second vehicle to get to yours. If you refuse, there is not much they can do without breaching the peace. Breaching the peace might also involve repossessing cars that are fenced off or parked in closed garages. If the owner of the other car, if it is not yourself, agrees to move their vehicle, there is not much you can do to stop the repo workers. What Happens if the Repo Men Take My Car Illegally in Pennsylvania? The people working for repossession companies who come to take your vehicle away are likely not legal professionals. While they might have been briefed on some basic dos and don’ts of their job, they might repossess your car in breach of the peace of other rules. In that case, talk to a lawyer right away. If your car was repossessed, and the repo workers did something to breach the peace, your attorney can help you file a complaint with the Pennsylvania Department of Banking and Securities. After the complaint is filed, the repo company might face serious legal repercussions. Depending on how serious the breach of the peace was, we might first talk to the repo company and ask for the car back in return for not filing a complaint. The breach of peace might also affect your contract with the lender or creditor who ordered the repossession. You have rights here, and the creditor cannot violate your rights to enforce the contract. Doing so might be a breach of the contract, and we can sue this to try and keep your vehicle. Call Our Pennsylvania Bankruptcy Attorneys for Help Call our Philadelphia bankruptcy lawyers at (215) 701-6519 to schedule a free evaluation of your claims with the legal team at Young, Marr, Mallis & Associates.

Yahoo Finance has a very informative article on filing for personal  bankruptcy? The article can be found at https://finance.yahoo.com/news/file-bankruptcy-195833314.htmlJim Shenwick, Esq  917 363 3391  [email protected] click the link to schedule a telephone call with me.  https://calendly.com/james-shenwick/15minWe held individuals & businesses with too much debt!

When settling a personal injury claim with an insurance company, victims in Pennsylvania should understand what the process entails so that they can get the best result possible. There are several steps involved in settling a personal injury claim with an insurance company in Pennsylvania. The process begins with a victim filing a claim and sending a demand letter detailing their requested compensation for their damages. An insurance company will then send an initial settlement offer, which will likely be lower than the amount requested by a victim. A counteroffer should follow, allowing victims to provide additional information supporting their need for compensation. If negotiations are not fruitful and an insurance company refuses to settle at an appropriate amount, victims can take legal action and go to court for a personal injury claim in Pennsylvania. For a confidential and free discussion of your case, call the Pennsylvania personal injury lawyers at Young, Marr, Mallis & Associates today at (215) 515-2954. Settling a Personal Injury Claim with Insurance in Pennsylvania Settling a personal injury claim with an insurance company in Pennsylvania can be a lengthy and involved process. It is important that victims that the steps that are necessary to take throughout the settlement process so that they can be confident in accepting an offer or rejecting one and going to court to recover compensation. Send a Demand Letter After our Pennsylvania personal injury lawyers help you file a claim with a negligent party’s insurance company, we will submit a demand letter that asserts the compensation you require for your injuries. In this letter, victims should include a detailed summary of the cause of their injuries and the impact those injuries have had on their lives, physically and financially. Depending on the situation, it may be best to wait several weeks after an accident before you send your demand letter to better understand the damages you have incurred. When drafting your demand letter to an insurance company, our attorneys will calculate your financial damages by adding up-to-date lost wages and medical expenses and including anticipated future economic losses based on your injuries. It is necessary to provide as much proof of your damages as possible so that an insurance company has little room to contest your request for compensation in Pennsylvania. Evaluate the Initial Settlement Offer After receiving your demand letter, an insurance company will assess it and send an initial settlement offer. When citing the reasons for its settlement offer, an insurance company might claim that your injuries do not require the compensation you have requested or that you have not provided sufficient proof of your damages. If the limits of a negligent party’s policy are lower than your requested damages, the first settlement offer from their insurance company might be lower than what you would like. Insurance companies might also attempt to claim that a victim partially contributed to their injuries and use that as an excuse to reduce the damages paid to a victim in Pennsylvania. Typically, initial settlement offers are relatively low, as insurance companies hope injured victims will accept a poor offer out of an immediate need for compensation. It is important to evaluate the first settlement offer you receive carefully and continue with negotiations if it does not sufficiently compensate you for your injuries, even if you have incurred considerable damages in Pennsylvania. Present a Counteroffer Often, it will be prudent for victims in Pennsylvania to make a counteroffer to an insurance company’s initial settlement offer. When you do this, you can affirm your initial demand for compensation and provide further proof of your damages. That might include offering up-to-date medical records confirming the severity of your injuries and their impact on your financial stability. After sending your counteroffer, the insurance company might accept it or send another offer that is still lower than what is appropriate. Negotiations might continue for some time between your counsel and a negligent party’s insurance company until an agreement is reached. Knowing when to continue negotiating with an insurance company and when to move forward with litigation is important, as insurance companies might attempt to lengthen negotiations in the hope that a victim will feel defeated and accept a subpar offer. Take Legal Action Settling with an insurance company is not necessary. If victims feel as though they are not being fairly compensated, they can take legal action and go to court. Often, insurance companies want to avoid this as much as possible and might agree to settle at a higher amount if faced with the threat of litigation. It is important to know that you can proceed with legal action at any time before accepting a settlement offer from an insurance company. Once you sign a settlement agreement, you will likely be barred from pursuing additional compensation, so it is vital that you only accept an offer that properly compensates you for your injuries. Regarding personal injury claims, victims have just two years to file a lawsuit in Pennsylvania. If settlement negotiations are not progressing after several months, consider the benefits of going to court. If you wait too long and settlement offers from an insurance company are still inappropriate, you might be unable to sue if two years have passed since your accident. When victims file a lawsuit instead of settling with an insurance company in Pennsylvania, they might be able to claim greater damages. Suing presents the opportunity to recover non-economic damages, which are typically unavailable in a settlement with an insurance company. Going to court might also allow victims to recover damages for all financial losses, which otherwise could be limited in a settlement with an insurance company in Pennsylvania. File Your Pennsylvania Personal Injury Claim Today To have Young, Marr, Mallis & Associates analyze your case for free, call our Pennsylvania personal injury lawyers today at (215) 515-2954.

After falling behind on payments, property or assets might be repossessed, including your vehicle. While repo men can enter your property to take your car, there are limits to how far they can go. Repossession can be very invasive, and repo men can enter private property to repossess your belongings. However, repo men cannot enter private property in a way that breaches the peace or constitutes breaking and entering. For example, they cannot enter your home without your permission but can enter your open driveway to tow your car away if you do not stop them. You may take steps to prevent your vehicle and other assets from being repossessed. While you can lock up your car in a garage or enclosed fence to keep repo men from taking it, you can also file for bankruptcy to stop the repossession process. If you believe you are facing repossession, contact a lawyer for help. Speak with our New Jersey bankruptcy attorneys by calling Young, Marr, Mallis & Associates at (609) 755-3115 and schedule a confidential review of your situation for no charge. Can Repossession Workers Enter Private Property to Taky My Car in New Jersey? People whose jobs are to repossess property for lenders or creditors are not police officers. While a police officer might be able to break down your door – at least under certain circumstances – a repo man cannot. However, repo men are allowed to enter private property to repossess their property and vehicles. The ability of repo men to enter private property is not unlimited. They can enter private property if doing so does not constitute breaking and entering or a breach of the peace. This means that repossession workers may enter private property as long as they do not need to get through locked doors or gates. Additionally, if you find the repo men trying to tow your car from your open driveway, you can tell them to leave your property, and they are required to obey. Unfortunately, repo workers do not always listen, and they might take your car anyway. If your car is in an open driveway, repo men may come and tow your vehicle away even though your driveway is private property. However, if you find the repo workers in your driveway and tell them to leave, their action may become unlawful, and you should speak to an attorney immediately. Limitations on When and How Repo Men in New Jersey Can Enter Private Property Generally, repo men can enter your property as long as they are not breaking and entering or trespassing. Breaking and entering might occur if the repo men must open a locked gate or door. For example, if repo men came and took your car away, but your car was inside a locked garage, the repo men likely committed a breaking and entering. Alternatively, the repossession team that took your car might have trespassed. Simply being on your private property might not necessarily be trespassing, at least as far as repo men are concerned. However, if you tell the repo men they cannot enter your property, they must obey and leave just like any other person. They might have a lot of power to repossess your property, but they are not at the same level as police officers who might need to trespass in the course of their duties. Whether you should permit repo men to enter your property is up to you, but you should discuss the matter with an attorney first. In some situations, it might be best to let your car or other property be repossessed, and you and your lawyer can deal with the creditors and try to get it back. However, if you believe the repossession is unlawful, you might want to refuse the repo men entry to your private property. How to Prevent a Repo Man From Entering Your Private Property in New Jersey Naturally, people facing repossession want to know how to protect their belongings and property. While trying to block repo workers from taking your property might be a temporary fix, it cannot last forever. Our Mount Holly, NJ bankruptcy lawyers can help you file for bankruptcy and halt the repossession of your vehicle and other property. Lock Up Your Property If you keep your property locked up, such as in your home, garage, or private fenced-in area, repo workers cannot take it without breaching the peace or breaking and entering. You can keep your vehicle and other belongings behind lock and key. Park your car in a locked garage or behind an enclosed fence. Do not leave it in an open driveway or parked on a public street. If repo men come to take your vehicle and ask permission to enter your property, you do not have to say yes. However, you should talk to your attorney about what to do in this situation. Even if they leave without taking your property, they will almost certainly come back. Alternatively, they might wait for you to drive your car to a public place where they do not need your permission to enter. File for Bankruptcy Filing for bankruptcy might seem like an extreme reaction to having your vehicle repossessed, but it might help you solve your financial problems. Once you have filed for bankruptcy, the courts will issue an automatic stay that should prevent creditors and lenders from coming after you for payment or initiating foreclosure or repossession proceedings. Filing for bankruptcy can help you get a hold of your financial situation, pay back some debts, and have other debts discharged. Chapter 7 bankruptcy works by liquidating your assets and using the money from the sale to pay back outstanding debts. Once the liquidation process is done, the court might discharge other debts, meaning you would no longer be liable for repayment. This might be a good idea if you do not have many assets to lose or do not mind parting with your assets. If you want to keep your assets, like your vehicle, you might be interested in Chapter 13 bankruptcy. Under this chapter, you and your lawyer will develop a payment plan to help you repay certain debts over several years. Once the payment plan is completed, the court might discharge other outstanding debts. Liquidation does not usually play a role in Chapter 13, so you are likelier to keep your assets and avoid repossession. Call Our New Jersey Bankruptcy Lawyers for Assistance Reach out to our North Jersey bankruptcy attorneys at Young, Marr, Mallis & Associates by calling (609) 755-3115 to schedule a free case assessment to get started.

 Bankruptcies are skyrocketing — and that’s only half the story. Interesting article about the increase in bankruptcy filings in The Hill. URL for the story is below.https://thehill.com/opinion/finance/4011001-bankruptcies-are-skyrocketing-and-thats-only-half-the-story/Jim Shenwick, Esq.  917 363 3391  [email protected] help individuals & companies with too much debt!

State law insulated a recorded judgment lien from future increases in the homestead exemption. Bankruptcy law trumps that limitation, says the 9th Circuit in Barclay v. Boskoski. [T]he Bankruptcy Code requires courts to determine the amount of the exemption to whichthe debtor would have been entitled in the absence of the lien at issue The […] The post Bankruptcy Law Trumps State Protection For Judgment Lien appeared first on Bankruptcy Mastery.

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Those who receive Social Security Disability Insurance (SSDI) benefits depend on their monthly payments to support themselves. If your check is late, there are certain steps you can take to ensure you receive it as soon as possible. If your SSDI payment is ever late, you should contact the Social Security Administration (SSA) to ensure your check was sent to the right location or that the SSA didn’t wrongly pause your monthly benefits. Changes in banking information, mailing information, and income might cause an SSDI payment to not come on time. Errors on the SSA’s behalf might also cause a delay in payments. Recipients should get SSDI checks for as long as they are eligible on either the second, third, or fourth Wednesday of each month, depending on their birthday. To have our Pennsylvania disability lawyers analyze your case for free, call Young, Marr, Mallis & Associates today at (609) 557-3081 or (215) 515-2954. What Can You Do if Your SSDI Payment Doesn’t Come on Time? If your SSDI payment is late, don’t panic. Instead, call the Social Security Administration as soon as possible to alert it to the delay of your check. The SSA uses a payment schedule to send out monthly SSDI checks. This means that you should receive your benefit on the same date each month. If your payment is late, our West Chester disability lawyers can call the Social Security Administration on your behalf. The SSA requests that SSDI recipients wait three business days from the date they expected to receive their monthly check to call about a payment delay. That said, recipients shouldn’t wait too long to contact the SSA regarding a late payment, as doing so might make them unable to pay their bills or cover other expenses. After you have been approved for SSDI benefits, there will be a delay before you receive your first check. The SSA abides by a five-month grace period to ensure SSDI recipients still qualify for benefits after approval. After the grace period has ended, you will have to wait one more month before you receive your first check, as each month’s benefit is sent out the following month. This means if your first benefit is for April, you won’t get it until May. Why Might Your SSDI Payment Not Come on Time? While Social Security Disability Insurance payments should be received on the same day each month, certain things might cause a check to come late. Some reasons for delays are under the recipient’s control, while others are not. Changes to Banking Information One of the main reasons why SSDI checks might not come on time is because of mistakes on a recipient’s behalf. For example, suppose you receive your monthly SSDI payment via direct deposit. If you change your bank account information and do not inform the Social Security Administration, you might not get your monthly benefit on time. Changes to Mailing Information A similar situation occurs regarding mailed SSDI payments. If you changed your address and did not tell the Social Security Administration, it might send your check to your previous mailing address, making it seem as though your payment didn’t come on time. Changes to Income An SSDI recipient cannot earn a substantial income and get monthly checks simultaneously. If you have earned over the substantial gainful activity limit, which is just over $1,000 per month, your SSDI payments might pause, making it appear as though they are late. Immediately rectifying this is important, as earning too much income over several months might cause those dependent on SSDI benefits to losing access to their monthly checks altogether. SSA Mistakes The SSA is a federal agency that might make mistakes from time to time. Wrong assumptions that your disability has been lifted or that you have earned too much income to make you eligible for SSDI benefits might delay your monthly check. Other things, like clerical errors, might also cause SSDI payments to not come on time. Mailing Delays Many disability benefit recipients choose to get their monthly Social Security Disability Insurance payments by direct deposit to avoid issues with mailed checks. Mailing delays could cause your check to come late, which is why the Social Security Administration urges recipients to wait several days before contacting the SSA for assistance. What Time Should Your SSDI Payment Come By? The Social Security Administration uses a strict schedule to send out monthly SSDI payments. This makes it so recipients can depend on getting their checks on the same day each month. The SSDI payment schedule is based on a recipient’s birthday. Those born between the 1st and the 10th should get their SSDI payments on the second Wednesday of each month. Those born between the 11th and the 20th will get their benefit checks on the third Wednesday of each month. And those born between the 21st and the 31st will get their SSDI payments on the fourth Wednesday of each month. Not all SSDI benefit recipients are eligible for payments based on their own earning records. If you get your benefits through your parent’s work history, the day you receive your monthly check will be based on your parent’s birthday. This schedule is set up so that holidays and weekends have little effect on the sending of SSDI payments. If your payment date happens to fall on a federal holiday, you should get your check the day before. When checks are sent by mail, they might come a bit later but should arrive on or close to the scheduled date. Checks sent via direct deposit should enter an SSDI recipient’s bank account at midnight on their scheduled payment date. Apply for SSDI Benefits Today For a confidential and free assessment of your case, call (609) 557-3081 or (215) 515-2954 and speak with the Philadelphia disability lawyers at Young, Marr, Mallis & Associates today.

 Yahoo Finance is reporting that "Repeat Bankruptcies Are Piling Up at Fastest Rate Since 2009".  The article can be found at https://finance.yahoo.com/news/repeat-bankruptcies-piling-fastest-rate-183531003.html?guccounter=1Jim Shenwick, Esq  [email protected]   917 363 3391We held individuals & companies with too much debt!