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After my divorce in December 2002, I am still faced with over $100,000. in overdue credit card bills. some were joint accounts with my ex-wife. I have paid off a few at reduced rates. My divorce decrees that I alone am responsible for this debt. I have planned on filing chapter 13 due to the fact that I make almost $90,000. a year. How long do I have to file before the credit card companies garnish my wages and, or place a lein or seizure of any money in my bank accounts.( I resided in MONTANA during marriage and have lived in LOUISIANA since Jan 2008.)
Optional Information: State/Country relating to question: Montana Already Tried: Bank accounts now in Louisiana with small balances.
Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification.
Typically creditors would begin a lawsuit if you have not paid them within3-6 months from the last payment and a judgment can take another 3-6 months, however, once a judgment is given to the creditors, they can garnish your wages, and eve freeze your bank accounts.
If you file a chapter 13 now, it will stop all civil action, and you can begin to pay the creditors asper your plan, however, they may still go after your ex spouse for the remaining balances.
Experience: 13 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS