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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17222
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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Garnishment and bankruptcy question

Customer Question

I was sued for a past due credit card in my name. Then my husband was sued because of community property.  I am worried about them garnishing my husband's wages. It is my intention to file bankruptcy. I was initially going to see bankruptcy atty on the 6th, but it got pushed back to the 13th.  A sheriff showed up today with papers saying the judgment was made on my husband and that everything was subject to seizure including my husband's income. Is this the garnishment papers? Can the attorney that sued still deal with me over payment or will they start garnishment immediately? Any info would be appreciated. Thanks
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 6 years ago.
you would have to file a bankruptcy that would stop the garnishment, consider filing it yourself, you will need to go to the bankruptcy court and file an emergency petition to stop the garnishment.
Customer: replied 6 years ago.
Were the papers that I got today garnishment papers?
Expert:  WALLSTREETESQ replied 6 years ago.
what was received was a notice that their is a judgment, and that actions will be placed to garnish your accounts, you should call your bank and close all accounts.
WALLSTREETESQ and other Bankruptcy Law Specialists are ready to help you
Customer: replied 6 years ago.
Will they automatically garnish? Do they file "garnishment" papers? Should I call them to see if they will deal with me paying them?
Expert:  WALLSTREETESQ replied 6 years ago.
they will accept full payment, but at this point they will garnish all accounts, a bankruptcy filing is needed.
WALLSTREETESQ and other Bankruptcy Law Specialists are ready to help you
Customer: replied 6 years ago.

So there is no other paper work they need to get? How would they get my bank account info? How long does it take to garnish wages?

Expert:  WALLSTREETESQ replied 6 years ago.
they will use your and your husbands name and social security number to find all accounts, it could take a week or less for them to start the garnishment.
Customer: replied 6 years ago.
It would take a week or less for bank accounts or income from work?
Expert:  WALLSTREETESQ replied 6 years ago.
banks would be faster, an employer many times have to notify their payroll department so it takes longer, in LA state law states 75% of disposable weekly earnings are exempt, but not less than 30 times the federal minimum hourly wage
The State of Louisiana has exempted the property and income below from seizure by the bankruptcy court to pay creditors:

Real Estate: Real property used as a residence up to $15,000, not to exceed 160 acres [20:1]
Personal property: Clothing, arms, bedding and linens, china, glassware and silverware, household furniture, stove, washer, dryer, refrigerator and freezer, sewing machine, family portraits, heating/cooling equipment, musical instruments, pets, poultry and one cow [13:3881A(4)]; wedding and engagement rings up to $5,000 [13:3881A(5)]; tools, books, instruments, pickup truck (up to three tons), non-luxury automobile, or utility trailer, amount needed for work [3:3881A(2)]; cemetery plot / monuments, unlimited amount [8:313]
Customer: replied 6 years ago.
I still have checks out. What happens to those?
Expert:  WALLSTREETESQ replied 6 years ago.
those could bounce, and may be a major issue, I would file a chapter 7 ASAP to make sure you are not going to have a problem, go to the court yourself and file for an emergency.
Customer: replied 6 years ago.
How would I get his paychecks cashed?
Expert:  WALLSTREETESQ replied 6 years ago.
he needs to have direct deposit stopped, and have the checks sent to him, where the bank will cash them, without an account.