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My brother-in-law used a lawyer to help keep $1,000 of gifts given to his wife by a scorned lover. The lawyer charged over $2,500 dollars for her service. (poor ethics on her part in my opinion) I don't believe he ever made a payment to the lawyer (maybe one). Five years have past and the lawyer (creditor) has found him/his employer and next month his wages will begin to be garnished. The lawyer states that he now owes $14,500 dollars due to interest and late fees My question is what is his best choice of action? 1) Seek legal advice - He has no money but I am willing to pay for 1 or 2 hours of legal advice if it is helpful. My brother-in-law is in the wrong because he never paid but I am disgusted that his previous lawyer took advantage of him. 2) Seek an exception - he has very little money for his wife and newborn after the child support he owes has been garnish from his wages. 3) File for bankrupcy - his has very poor credit but has a half interest in duplex (some equity) Thanks
State/Country relating to Question: California Already Tried: Looked on-line for legal aide in San Diego since he has little money. He is an illegal alien as is his wife and one of his children. He has had no previous legal problems. Financial problems, I can't say.
At this point, with a wife and newborn, he should get a consultation with a bankruptcy attorney -- just because there is some equity in the duplex does not mean it will have to be sold in a bankruptcy -- the court will make sure that he and his family have a primary residence. However, if this lawyer gets a judgment against him, she will either be permitted another wage garnishment or the curt may allow a lien to be put on the duplex anyway. An average bankruptcy case costs about $1,000 (a little more or less is the norm) and your money will probably be better spent paying a bankruptcy attorney. Good Luck. Please press the GREEN ACCEPT button so I will receive credit for my time. Thank you.
Lawyer
13 years experience in general law: RE, Consumer Prot., Family, Wills & Estates, Emplymnt, Crim Law
In the court documents they said he can also as for an excemption which can decrease the amount deducted. Also, he does not live in the duplex, his ex-wife lives there. He lives in a small one bedroom apartment with his new wife which he rents. I thought filing for bankruptcy protected one's home and shielded one from creditors. Is this not the case?ps. This is a great service and I truelly appreciate your help.
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