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JoeLawyer, Attorney
Category: Bankruptcy Law
Satisfied Customers: 767
Experience:  Attorney in the practice of Bankruptcy Law since 1996
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My friend just got the bad news at work that he will be ...

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My friend just got the bad news at work that he will be garnished starting on his next payroll check. From the state of Virginia, he will have to give up 50% of his wages. He is a single father with five kids that he supports. What can he do to stop the garnishment? He can''t even afford a bankruptcy.
Submitted: 9 years ago.
Category: Bankruptcy Law
Expert:  JoeLawyer replied 9 years ago.

Hi tone:

I'm sorry to hear about your friend's plight. There should have been a garnishment hearing. It was at this hearing that he could have appeared and made his financial circumstances known to the court. Since he did not, then he may have to file bankruptcy to get it stopped. Another alternative I have seen people try is to file a written, signed Motion to Reconsider or some such motion (what it is called usually doesn't matter much) with the court that issued the garnishment and request the garnishment be suspended due to the fact that it would cause undue hardship on the defendant and his or her dependents. The court may or may not entertain the motion since he missed the first hearing, but it may be worth a shot. Finally, it may be helpful for him to consult with a bankruptcy attorney in his area. Many bankruptcy attorneys offer free consultations, and they may be able to give him some tips for what the local courts will usually do for people in his situation if he is unable to file bankruptcy.

I hope this helps and a positive feedback is always appreciated if this was useful to you.

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Customer: replied 9 years ago.
Thank you for "The Answer". I have already found the answer without the money. There are other websites that will give me the answers that I am looking for. I just have to know where to look. I think it was a waste of $15 for me, but that was my fault on my behalf. My friend was pretty desperate and needed answers fast. So this information was not at all helpful for me. My friend is already on his way to fix his problem thanks to another website. But I will accept this answer just because I won't be coming back again.
Expert:  JoeLawyer replied 9 years ago.
Okay I will opt out since you found the information elsewhere. Tell your friend good luck!

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