How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ellen Your Own Question
Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
9968427
Type Your Bankruptcy Law Question Here...
Ellen is online now
A new question is answered every 9 seconds

If Im in the process of filing a bankruptcy (either 7 or 13)

This answer was rated:

If I'm in the process of filing a bankruptcy (either 7 or 13) depending on how the means test changes here soon, can credit card companies such as Chase or Amex garnish wages if they were to receive a default judgement? I haven't been served yet either. Thanks.
Hello,

Thank you for your question. I am happy to assist you.

I am a lawyer with 25 years experience. While I am permitted to provide you with legal information, I am prohibited by JustAnswer.com and various state bar associations from giving legal advice, representing you or entering into an attorney-client relationship through this open and nonconfidential forum.

Wages may be garnished in California based upon a default judgment. Because California is a community property state, the wages of a non-judgment debtor spouse are also subject to levy.

If you would like additional details concerning my answer, please click REPLY and I will be happy to respond. Do not click relist as it will delay my response.
Customer: replied 6 years ago.

 

If I file as married individual in California under either chapter 7 or 13 does that put a stay on any future unsecured credit card company default judgements for both myself and/or my spouse as opposed to if I haven't filed then those default judgements could still be levied against either myself or my spouse as I understand it? also if I file as individual would my spouses credit cards still be subject to potential default garnishment claims or after filing does the bankruptcy stay apply for both of us even though I'm filing as individual? Thanks.

If I file as married individual in California under either chapter 7 or 13 does that put a stay on any future unsecured credit card company default judgements for both myself and/or my spouse as opposed to if I haven't filed then those default judgements could still be levied against either myself or my spouse as I understand it?
Only the Chapter 13 would stay action against your spouse unless your spouse filed as well

also if I file as individual would my spouses credit cards still be subject to potential default garnishment claims or after filing does the bankruptcy stay apply for both of us even though I'm filing as individual? Thanks.
the creditor may still file suit against your spouse regarding your spouse as credit cards

Customer: replied 6 years ago.
So that means that a chapter 7 in CA would only apply a stay to my unsecureds but not to my spouses if I were to file as individual?
Correct.In addition since California is a community property state, your creditors may attempt to collect the discharged debts from your husband even after your chapter 7.


J.A. policy requires that you start a new thread for a new question. Please accept the answer and then you may start your new question in a new thread
Ellen and other Bankruptcy Law Specialists are ready to help you

Related Bankruptcy Law Questions