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Ask WALLSTREETESQ Your Own Question
WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17209
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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How can I reverse a wage garnishment by a mortgage company

Customer Question

How can I reverse a wage garnishment by a mortgage company?
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 4 years ago.

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on.

WALLSTREETESQ :

In terms of stopping a wage garnishment you can file a bankruptcy or work out a settlement with the mortgage company for the debt owed.

JACUSTOMER-3zcuiqp3- :

They have already started garnishing my wages. What options do I have?

WALLSTREETESQ :

If the mortgage company obtained a judgment against you, the best way to stop the garnishment may have to be a bankruptcy filing which would stop the garnishment and if you file fast enough some of the garnished funds can be returned.

JACUSTOMER-3zcuiqp3- :

My income will most likely require a chapter 13. What is the average cost for this type of bankruptcy? I never received a judgment notice and was notified by my employer two weeks ago.

JACUSTOMER-3zcuiqp3- :

I have 20 days to file a hardship

WALLSTREETESQ :

A chapter 13 would stop the garnishment, if you use a lawyer expect fees in the $2000+ range,

WALLSTREETESQ :

You can file a hardship, or file a motion in Civil Court to reopen the judgment, however the legal fees for such a motion would be more then a bankruptcy.

JACUSTOMER-3zcuiqp3- :

So would I waste my time by getting the form to file a hardship?

WALLSTREETESQ :

It would delay the time, if you have income that is not below the poverty limit, in most cases a hardship will not help.

JACUSTOMER-3zcuiqp3- :

OK, thank you for your help. I'll contact an attorney to file a chapter 13 bankruptcy.

WALLSTREETESQ :

Good luck, and if you have any further questions please do not hesitate to ask.

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