i filed bankruptcy over 2 years ago. now i have a creditor trying to garnish my wages. i called the court and faxed them copys of my papers. they are telling me that that the lawyer had this same debt in 2 different township courts and the one listed on my paperwork is not the court they are using now. this is the same debt, how can they do that, and what can i do? someone please help me. i can't afford to pay this and have my wages garnished. thats why i filed in the first place.
2007-08-26 08:15:00 · 13 answers · asked by jen 1 in Business & Finance ➔ Personal Finance
i filed the bankruptcy myself
2007-08-26 08:23:18 · update #1
this was a judgement. there was only 1 on my credit report. how can 2 judgements be filed for the same case
2007-08-26 08:32:13 · update #2
I FILED THE BANKRUPTCY MYSELF!! THATS WHY I HAVEN'T CONTACTED MY LAWYER.
2007-08-31 02:06:45 · update #3
Well, you did this on the cheap the first time, now you are going to have to pay.... either the debt, or an attorney to fix your fantasy in playing Clarence Darrow.
Swallow your pride, see a lawyer.....
NEVER NEVER NEVER try to fix legal matters without an attorney...NEVER...
2007-09-02 03:33:52 · answer #1 · answered by I Can Count To Potato 7 · 0⤊ 0⤋
At this site you can solve your problem really fast: CREDIT-COMPARE.NET-
RE Bankruptcy help. i filed and now they're back?
i filed bankruptcy over 2 years ago. now i have a creditor trying to garnish my wages. i called the court and faxed them copys of my papers. they are telling me that that the lawyer had this same debt in 2 different township courts and the one listed on my paperwork is not the court they are using now. this is the same debt, how can they do that, and what can i do? someone please help me. i can't afford to pay this and have my wages garnished. thats why i filed in the first place.
2014-10-10 02:07:36 · answer #2 · answered by ? 1 · 0⤊ 0⤋
When you do a bankruptcy, you should ask for a few copies of the "original" from the court (you need the original signature on it AND the "court's seal"). In each county where your creditors or their companies reside you need to have their courthouse enter a copy of your "bankruptcy discharge" into their records. So you pay the county (it used to be $15) to enter the discharge (the judgement) into their county records. That will prevent that creditor from trying to collect.
The problem with garnishment is that they do it behind the scenes (they should be asking the court to approve it and send you a notice, but most times the debtor never hears about it) and your employer doesn't have to tell you it's happening; all of a sudden you just receive your paycheck and it has less in it. You need to file that discharge with their county so that this garnishment process doesn't begin because it will be hard to get your money back.
When you send that fee and the judgement to that additional county, be sure to send them a letter saying what you want done (call ahead to make sure you're sending the correct fee) and send them an extra copy and ask that they date stamp it and return it to you in the pre-stamped envelope you are enclosing (with your address on it). Also, send that letter certified mail return receipt (you know, the green return card) so you will have proof of what you did.
Garnishments every so often have to be renewed. If you're stuck with the garnishment then know that at some point they will have to renew it (and if you've send in the judgement to their county they will be unable to renew the garnishment).
The only other additional thing I can add is that if you get the judgment in prior to their garnishing and they garnish anyway, then you can call them and give them hell, and also take them to small claims court for recovery of your money.
2007-09-03 11:44:57 · answer #3 · answered by sophieb 7 · 0⤊ 0⤋
Okay first off you need to consult a lawyer because a creditor CAN NOT garnish wages without a court order meaning that they must sue you and get a judgment against you first. This is just a way they try to bully you into paying. Sometimes they will do it without a court order and this is illegal because the only people who can garnish your wages without a order is the government. You need to talk with your HR department to see if they allow these types of actions. Regardless if they were to garnish your wages you can sue the pants off of them.
As far as your credit report they need to remove the second negative mark off they do this to ruin your credit so that you will pay them. Sadly to say debtors do not play by the rules they will do whatever they can to get there money especially if it has gone to a collection agency because they get a certain percentage. However, none the less you need to contact a lawyer before this gets worse! Good Luck!!!
2007-09-03 14:02:53 · answer #4 · answered by KITTY44 1 · 0⤊ 0⤋
As the first poster said. Remind them if they call you, its illegal to try and collect a debt that has been discharged, and you have every intention of suing them if they try anything.
Your attorney will tell them the same thing. Just call the attorney back. Im not an attorney but I do mortgages and Ive seen this happen before. Judgements refiled ect. Some people will do anything. They can only garnish your wages with a judgement, im sure you bank'od on all of those.
Good luck, just call your attorney. They cant say well we filed in 2 courthouse and you only got one of them you owe us. It doesnt work that way, in my non-legal opinion.
This should be fixed with about 1 phone call to your attorney.
2007-08-26 15:24:23 · answer #5 · answered by financing_loans 6 · 0⤊ 0⤋
You can't afford NOT to contact an attorney now. Once you retain an attorney and they call you, tell them to call your attorney.
Get their name, telephone number, address, everything about "them" and tell them if they contact you again or garnish your wages, you will sue them.
Your credit report also needs to be cleaned up and you'll need a letter from them indicating it's their mistake if your attorney can get one from them.
It will be your responsibility to contact Equifax, Transunion and Experion to get this corrected for anyone who pulls your credit. You can tell them to notify these 3 three major bureaus however it's unlikely they will even care to do it.
Remember, they're quick to report you late, but don't bother taking the time to make it right for you.
2007-09-03 09:46:17 · answer #6 · answered by Anonymous · 0⤊ 0⤋
And now you see why you should have used an lawyer to file that bankruptcy. You may have to pay a lawyer now to fix this.
2007-08-26 16:55:43 · answer #7 · answered by bdancer222 7 · 1⤊ 0⤋
I would ask a professional bankruptcy lawyer so you can get out of this mess. That soudns like a terribel and frusterating situation. Visit http://www.legalhelpers.com . First consultation is free :)
2007-08-28 10:36:40 · answer #8 · answered by Amira 2 · 0⤊ 0⤋
Write the attorney documenting his error and send it to him .
Then call and see if he can correct it (hopefully covered under the original fee) .
>
2007-08-26 16:32:38 · answer #9 · answered by kate 7 · 0⤊ 0⤋
Contact the attorney that handled your bankruptcy for you.
They should be able to straighten this out.
2007-08-26 15:20:03 · answer #10 · answered by mister_galager 5 · 1⤊ 1⤋