I am paying the lawyer weekly until I have paid them enough to file, can one of my creditors start garnishing my wages while I am in this process or not.
2006-08-10 11:53:13 · 9 answers · asked by hahaha 5 in Politics & Government ➔ Law & Ethics
As long as you haven't paid the filing fee, yes, they can still garnish you because your bankruptcy isn't really active yet. I'd pay that off as soon as you could, then the garnishment should stop if it was one that you have filed in your paperwork.
2006-08-10 12:00:09 · answer #1 · answered by ~SSIRREN~ 6 · 0⤊ 0⤋
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RE If I am in the process of filing bankruptcy, can my creditors still garnish wages?
I am paying the lawyer weekly until I have paid them enough to file, can one of my creditors start garnishing my wages while I am in this process or not.
2014-10-10 07:27:36 · answer #2 · answered by Anonymous · 0⤊ 0⤋
you should envision inclusive of your lawyer for more effective certain information. that's likely that the garnishments will be stopped quickly so as that the trustee can workout a plan for you. Your debt will proceed to be. i believe that there's a huge difference in how issues could be carried out inclusive of your expenses that could't be discharged between a financial disaster 7 filing and a financial disaster 13 filing. in case you record for financial disaster 7, besides the undeniable fact that the court docket-appointed trustee believes that you'll pay off all or a minimum of a huge bite of your expenses, the filing would get amended to financial disaster 13. the alternative is likewise actual. If the trustee sees that you do not have a lot desire of holding a charge plan, your filing would get replaced from financial disaster 13 to financial disaster 7. The state regulations also are distinct. i desire this facilitates. Gary
2016-11-24 19:12:50 · answer #3 · answered by Anonymous · 0⤊ 0⤋
A creditor cannot garnish your wages unless they have filed a lawsuit against you and obtained a judgment. If they have a judgment, you obviously aren't protected by the bankruptcy automatic stay until your attorney actually files the case.
2006-08-10 19:46:54 · answer #4 · answered by Carl 7 · 0⤊ 0⤋
Until you file the bankruptcy with the Court, the automatic stay under Section 362 of the Bankruptcy Code does not apply. Your wages are fair game until you file the bankruptcy.
2006-08-12 01:34:20 · answer #5 · answered by legalbeagal250 2 · 0⤊ 0⤋
yes they can garnish your wages anytime untill you are filed.
You are not under court protection untill the day and minute you file, when you file, the court will date and stamp the time to the minute of your filing, Then they are notified by the court of this filing. So yes they can.
but this is a question you need to be asking your attorney.
2006-08-10 15:24:37 · answer #6 · answered by Anonymous · 0⤊ 0⤋
It has to be filed in order to stop your creditors from garnishing.
2006-08-10 12:07:17 · answer #7 · answered by Catspaw 6 · 0⤊ 0⤋
Once you have filed Bankruptcy NO THEY CAN NOT, If this is or has happened to you YOU NEED TO CONTACT YOUR BANKRUPTCY ATTORNEY QUICK, The Creditors will need to be notified, after that they are not even to ever call you again.
2006-08-10 12:00:14 · answer #8 · answered by sweettoni37 4 · 0⤊ 0⤋
Yeah they can. They can also put a lien against whatever you have that is liquidable. As well as go after money in the bank account.
2006-08-11 03:38:26 · answer #9 · answered by C93 4 · 0⤊ 0⤋