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My son just received two notices from the sheriffs dept.that unless he voluntarily remits 10 percent of each paycheck they will garnish his wages at work.He and his wife went into debt counseling and the company they are working with had supposedly set up a plan with each creditor and has been paying each creditor. Suddenly these two creditors want more.They are paying what they can. My son is a paramedic who works around the clock just to survive and having to pay more is going to be a true hardship on them They barely have enough for necessities now.I have several questions.1.Do they have to pay 10 percent of their gross income or is it disposable income?They live in New York State2.Can the credit company break the agreement with the debt agency?3.Is there any recourse?4What are your suggestions?They really can't afford a lawyer5.Would they be better to declare bankruptcy?6.If they declare bankruptcy can they still garnish his wages?
State/Country relating to Question: New York Already Tried: 1.contacting the creditors 2. Debt counseling 3.setting up agreements with creditors through debt counseling
1.Do they have to pay 10 percent of their gross income or is it disposable income?Gross, I will give you reference..They live in New York State 2.Can the credit company break the agreement with the debt agency?Yes they can pursue garnishment. 3.Is there any recourse? 4What are your suggestions?They really can't afford a lawyer 5.Would they be better to declare bankruptcy?Yes bankruptcy here is viable option and would stop garnishmentand creditor Harassment. 6.If they declare bankruptcy can they still garnish his wages?No.The relaity here is that they have no options and this will allow them to stop garnishment.The creditors are going for judgment/garnishment here.Reference..
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