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Hello! You need to appear at the hearing and explain to the judge that you are currently unemployed and do not have income (unless you are receiving unemployment?) If the judge finds that there is no substantial income to garnish yes, they will most likely continue the hearing for a few months to see if you have obtained employment. In the alternative they may dismiss the wage garnishment and when you obtain employment the person attempting to garnish your wages will be notified at that time.
i am getting unemployment and have retained a lawyer and am filing for bankruptcy.i have a letter from my attorney stating my intentions.does that help me in any way.
If you are filing for bankruptcy then yes there may be a stay on the action, but in order to do that the bankruptcy would need to be filed. The judge MAY or MAY NOT accept a letter from an attorney about a bankruptcy.
If you do file for bankruptcy an automatic stay will be issued on all cases that are pending in any court
regardless of the letter the hearing most likely will be continued correct?
Most likely yes, because you don't have any income and are filing bankruptcy