Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
I'm sorry to hear about your friend's plight. There should have been a garnishment hearing. It was at this hearing that he could have appeared and made his financial circumstances known to the court. Since he did not, then he may have to file bankruptcy to get it stopped. Another alternative I have seen people try is to file a written, signed Motion to Reconsider or some such motion (what it is called usually doesn't matter much) with the court that issued the garnishment and request the garnishment be suspended due to the fact that it would cause undue hardship on the defendant and his or her dependents. The court may or may not entertain the motion since he missed the first hearing, but it may be worth a shot. Finally, it may be helpful for him to consult with a bankruptcy attorney in his area. Many bankruptcy attorneys offer free consultations, and they may be able to give him some tips for what the local courts will usually do for people in his situation if he is unable to file bankruptcy.
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 (c) by Joseph Ross, all rights reserved.