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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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if my ex husband got a garnishment from my wages and he lives in another state and the mon

Customer Question

if my ex husband got a garnishment from my wages and he lives in another state and the money left over will be only enough for the rent and little gas and i file for bankruptcy will that stop the garnishment.he says i owe him 28,000.00 for 7 years of marriage that he got caught cheating.during the 7 years i transferred balances on several cards and the card was in both of our names and then i took myself off and the credit card people said i was not responsible for the debt and after we got divorced shortly after he found out and started garnishing my wages.i already make little bit of money and when he took 25% it cut my living expenses in half.
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 5 years ago.
Hi JACustomer,
What court issued the judgment that is allowing your wages to be garnished? Was it a regular court or a divorce court? In other words, was the amount owed pursuant to a divorce decree?
Customer: replied 5 years ago.
he was awarded 27,696.72 plus 2,064.70 for court cost and fees.in may 2010. we were orginally divorced in jan 2010. and at the bottom of the page it said nunc pro tunc to jan 2010.i only went to court in jan not may 2010.
Expert:  cfortunato replied 5 years ago.
Was his award from the divorce court?
Customer: replied 5 years ago.
it just says circuit court judge at the bottom of the decree cause thats where we got our divorce
Expert:  cfortunato replied 5 years ago.

If the judgment was part of your divorce decree, it cannot be discharged in a Chapter 7 Bankruptcy, but it can be discharged in a Chapter 13 Bankruptcy.

If the judgment was not part of your divorce decree, it can be discharged in either a Chapter 7 or a Chapter 13 Bankruptcy.

Either way, filing a Bankruptcy - either a Chapter 7 or a Chapter 13 - will stop the garnishment of your paycheck.

 

I think this is what you wanted to know. If not, please let me know.

Thank you!

Customer: replied 5 years ago.
what is the difference in a chapter 13 and 7
Expert:  cfortunato replied 5 years ago.
With a Chapter 7, your debts can be discharged without your having to pay anything. With a Chapter 13, you have to make monthly payments to the Bankruptcy court for 3 years. The payments you would have to pay would be whatever money you have left over after deducting your living expenses. This means your monthly payment would be less than the garnishment amount, and at the end of the 3 years, the balance of the judgment would be discharged.
Expert:  cfortunato replied 5 years ago.

And at the end of the 3 years, the balance of the judgment would be discharged.

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