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Tina
Tina, Lawyer
Category: Legal
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Experience:  JD, BBA Over 25 years legal and business experience.
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Fighting a garnishment, that is the result of a judgment

Customer Question

Fighting a garnishment, that is the result of a judgment against you.
Ex-wife racked up some medical bills. One of those bills was sent to collection. She later remarried and her and her then husband filed for bankruptcy, and included this particular collection agency. I was informed that because she filed bankruptcy, and that since WA is a community property state, that the lawyer representing this collection agency, had a right to pursue collecting from me. I'm not sure how much weight this carries, but according to our divorce decree, it specifically states that she was going to be responsible for any debt she had incurred. Anyway, long story short, next thing I know there is this judgment against me, and now they are garnishing my wages. Since last year until present, they have garnished over $4,000. 25% of my income. I am having to work major overtime just to barely survive. Please help!!!
Other than filing for bankruptcy, what other legal options do I have to stop this garnishment?
Submitted: 5 months ago.
Category: Legal
Expert:  LawTalk replied 5 months ago.

Good morning Elmer,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge I can offer you a personal phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

Let me know if you don't want a call and I will be happy continue here with an answer for you.

Either way, whether I call you or not, in order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. How much are the medical bills that they have a judgment against you for?

2. Did you defend the lawsuit when you were sued?

3. Were you still legally married when the medical bills were incurred?

4. Were you a resident of WA when the bills were incurred?

5. Did she file bankruptcy before or after your divorce? And was that before or after the medical bills were incurred?

Thanks in advance,

Doug

Customer: replied 5 months ago.
Thank you Doug. I'll try to answer your questions as best I can.
1) I don't have that amount. It has been some time since I even remember seeing a bill from the collection agency. But I'm sure they've tacked on interest, as well as legal fees to the amount.
2) To be honest, I remember meeting with the ex and the lawyer representing the collection agency, and at that time, she informed him that she was filing bankruptcy. So he then excused her because he could no longer talk to her and he had to deal with her bankruptcy attorney. The next thing I know, I have a judgment against me. So to answer your question, I did not defend against the suit, because I don't even remember being given a court date regarding that suit.
3) Yes, we were still legally married at the time the debt was incurred.
4) Yes, I was a resident of the state of WA.
5) I'm pretty certain that it she filed after our divorce. And it was after the medical bill had been incurred.
Expert:  LawTalk replied 5 months ago.

Would you like for me to call you to make all of this easier, and to allow for a more thorough discussion of the issues, for just $5 more?

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