I'm in the process of paying off my lawyer to begin delcaring bankruptcy. I have one judgement against me and I was at the time sending them money to pay on. That way they couldn't garnish my wages. I haven't been able to afford to send them money in the past two months since I'm declaring bankruptcy. Do they have to take me to court again in order for them to start garnishing my wages? I wasn't able to attend the court date to to work and don't know what happened exactly. If they start garnishing my wages I will end up homeless because things are tight right now as it is. I live on my own so I don't get any help from anyone. I would like to send them a letter to state I'm declaring bankruptcy but I won't have the lawyer paid off till Nov and casefiled till Dec and that may actually get them to jump on the chance to garnish my wages and get what they can from me. Any advice???
2006-10-06 06:09:26 · 6 answers · asked by slytherin_95 4 in Politics & Government ➔ Law & Ethics
I live in an apartment and I have no property they can put a lein on. I also can't afford to pay off my lawyer any faster. If garnishment happens before that I won't be able to afford bankruptcy at all.
2006-10-06 06:24:31 · update #1
In some states, they only need to file the paperwork with the courts to garnish your wages. In other states, there is a court hearing to approve or deny the request. Check your state laws concerning this. If you own a home and are filing Chapter 13, they can put a lien on the property and you will have to pay them, if you want to keep your home.
2006-10-06 06:14:35 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Jeez I think it depends on where you live and the applicable laws in that state. In Washington, bankruptcy lawyers are paid out of the settlement of the bankruptcy. I believe you place a small retainer and then the balance is paid through the bankruptcy court.
Also, once bankruptcy proceedings have started your lawyer should send a letter to all your creditors that will prevent garnishments from happening.
Good luck.
2006-10-06 06:14:53 · answer #2 · answered by Misty B 4 · 0⤊ 0⤋
The best thing to do is file bankruptcy right away. Once the bankruptcy petition is filed, the creditor can't do anything, even if he has a garnishment order in his hand. Everything has to go through the bankruptcy court.
2006-10-06 06:19:19 · answer #3 · answered by Anonymous · 0⤊ 0⤋
They will have to go back to court to garnish. If your lawyer does his job, then your judgement will be reduced or possible released. As a result of bankruptcy, you are not supposed to be forced out of your housing...now you might have to move to a smaller home depending on how you live now, and what type of bankruptcy you file...but discuss all this with your lawyer not with us goofs on yahoo.
2006-10-06 06:15:31 · answer #4 · answered by Jennifer W 4 · 0⤊ 0⤋
salary garnishment is a effect of a court order. till they have that, they could't legally do this. they are supplying you with 20 days be conscious to safeguard your self in court. in case you opt for no longer to look and communicate up then certain they are going to order garnishment "in absentia" (your absence)
2016-11-26 21:13:29 · answer #5 · answered by akien 4 · 0⤊ 0⤋
Nope, they sure don't! Also, the judgement, depending on what it is, may still stand AFTER you declare bankruptcy. You may still have to pay. If you didn't attend your court date then a default judgement AGAINST you was entered.
2006-10-06 06:17:17 · answer #6 · answered by cyanne2ak 7 · 0⤊ 0⤋