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DrakeLAW
DrakeLAW, Lawyer
Category: Legal
Satisfied Customers: 616
Experience:  Attorney at Drake Law Firm PLC
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My wages have been garnished by Portfolio Recovery Associates

Customer Question

My wages have been garnished by Portfolio Recovery Associates (attorney is Johnson Mark LLC) and I changed jobs recently and now they are hunting me down. They sent my former employer a subpoena stating "You are commanded" to produce documents pertaining to my whereabouts and my employment so they can garnish wages with my new employer. My former employer contacted me about this and is going to reply to it soon and I am wondering what I can do to get this garnishment resolved right away to stop garnishment of wages with my new employer. I have been considering bankruptcy to clean everything up but qualify only for repayment and not Chapter 7. Is there something I can do immediately to stop them from garnishing wages with my new company?
JA: The Lawyer will need to help you with this. Anything else I can tell the Lawyer before I connect you two?
Customer: No I think that covers it
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Submitted: 1 year ago.
Category: Legal
Expert:  DrakeLAW replied 1 year ago.
Hello and welcome to JustAnswer, my name is ***** ***** I am an attorney. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. This question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms. By continuing, you confirm that you understand and agree to these terms.You only have three options to avoid the garnishment: 1) pay the creditor in full; 2) come to a settlement and payment plan with the creditor; or 3) file for bankruptcy protection. Does that answer your question?
Customer: replied 1 year ago.
I am meeting with a Bankrupcy attorney on Monday and my former employer is replying to the subpoena on Monday so Johnson Mark will have my information on Monday. Will my attorney be able to file bankrupcty in Utah soon enough to stop the garnishment before it starts at my new employer? Or, should I contact Johnson Mark and ask to meet with them on this garnishment sometime after Monday to discuss a settlement/payment plan to hopefully delay them starting the garnishment with my new employer? I am looking for any tactic I can use right now to put this garnishment "on hold" until my attorney and I can take formal actinos to resolve this. Any advice you have is welcomed!
Expert:  DrakeLAW replied 1 year ago.
Well, only your bankruptcy attorney can tell you how soon he/she can file it, but I can at least tell you that cases can be filed very quickly (same day) if needed for more exigent situations. Sure, you can call Johnson Mark and do what you suggested, nothing wrong with inquiring about settlement....and if that leads to a delay in them trying to garnish the new employer and you file bankruptcy in the meantime you will not get in any kind of trouble. Good luck!Thank you for your question. It has been my pleasure to assist you and I welcome you to request my assistance in any future legal questions you may have, by simply placing my name in the first sentence of your new question. Finally, please be so kind as to promptly rate this answer so that it may be closed in the system. I wish you the best in your endeavors! -Rich