Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Sorry to hear that. If the creditor is going to garnish you, then bankruptcy may be your best alternative since credit counseling programs do not stop garnishments (or at least I have never seen them stop a garnishment and I have been a bankruptcy attorney for 12 years).
Bankruptcy will stop the garnishment. Another option that may work is settlement: if you can offer the creditor who is getting ready to start the garnishment a lump sum payment of some amount as full and final settlement, they may rather have a lump sum today and forgive part of the total balance rather than get their entire balance over a period of several months or even years through a garnishment. In other words, they may rather have 50% today and forgive the rest than wait years to get 100%. The problem with this approach is that if you do not have a large amount of cash on hand to negotiate with, this approach generally won't work.
I suggest you contact a bankruptcy attorney to see about getting the garnishment nipped in the bud before it gets started.
I hope this helps and a positive feedback is always appreciated if this was useful to you.
LEGAL NOTICE: I am only licensed to practice law in certain state(s) and I cannot give legal advice to someone who does not reside in a state in which I am licensed, nor shall anything I say in the above answer or elsewhere on this site be deemed legal advice, even to someone who resides in a state in which I am licensed. Fees I receive for answering questions are paid for information, not for legal advice. This forum is designed to provide general information only, and information herein is not warranted to be correct or applicable in any way since laws may have been misinterpreted herein, since laws change from time to time, and since the impact of those laws on any particular situation varies. The information presented in this site shall not be construed to be formal legal advice nor the formation of an attorney-client relationship. Persons accessing this response are encouraged to seek independent legal counsel in their jurisdiction for guidance regarding their individual circumstances. Do not take any action or inaction based on information presented herein since it is informational and may not be accurate or applicable to you; it merely attempts to give you a basis of knowledge to help you formulate questions to ask a legal or other professional in a face-to-face meeting in your jurisdiction. Joseph Ross does not hold himself out to be a specialist or expert in any area, regardless of assertions made by any third party, and any implication of being an expert or specialist herein is made in error. I hope the information presented above is useful to you. Answer above is (c) Joseph Ross. All rights reserved.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).