Durham Divorce Attorney Services from Ivey McClellan

Ivey McClellan has been representing clients throughout North Carolina since 1950. We take a custom-tailored approach for every client, and our whole firm is here to support you. You will not be handed off to a lone attorney while hoping they can handle your case on their own. When we represent you, our full team will be by your side every step of the way.

Our divorce lawyers have been recognized among North Carolina's Legal Elite and bring substantial experience navigating family law issues throughout the state. We proudly represent Durham clients in North Carolina courts while making the process as accessible and understandable from the distance of our offices.

While we represent you, we will be straightforward about your situation and provide clear communication about how things are progressing, what we are doing for you, and how we anticipate things will resolve. Our goal as your divorce law firm is to get you through this difficult time while keeping your fair share of marital property, including qualifying real estate, retirement accounts, and other assets.

You can learn more about our team on our attorneys page or review our full approach to family law on our domestic law page.

If you are already dealing with garnished paychecks, or you have received notice that garnishment is coming, you still have more power than you think.

Filing for Exemptions

Depending on the nature of the debt, you may qualify for state or federal exemptions. 

According to the Consumer Financial Protection Bureau, certain benefits, such as Social Security, disability insurance, and veterans' benefits, have their own set of protections. An attorney can identify which exemptions apply to your situation and make sure they are properly filed.

Challenging the Judgment

Sometimes the original court judgment that led to garnishment contains errors, or the debtor was never properly served. If the judgment itself can be challenged or vacated, the garnishment disappears with it.

Negotiating Directly with the Creditor

In some cases, creditors will agree to a voluntary repayment plan rather than continuing the garnishment process. Negotiations are stronger when a lawyer is at the table on your behalf, because creditors know the alternative could mean they recover less overall.

Exploring Bankruptcy Protection

Filing for Chapter 13 bankruptcy triggers something called an "automatic stay," which immediately stops most garnishment activity. 

Chapter 13 allows you to reorganize your debts into a manageable repayment plan while keeping your property and income protected. For many people, this route provides the breathing room they desperately need. 

You can learn more about whether bankruptcy might be the right fit by visiting our bankruptcy services overview.