Bankruptcy Law

Bankruptcy law questions? Ask a bankruptcy lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Not really bankrupcy but i have received a garnishment

Not really bankrupcy but...

Not really bankrupcy but i have received a garnishment judgement from statefarm ins co, which to my understanding may due to a car loan default and reposession of the vehicle

Lawyer's Assistant: What state are you in? And has anything been officially filed?

Im in california

Lawyer's Assistant: Has anything been filed in civil court? If so, what?

Yes it has i was notified today through my work

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Seems like they are asking for the full price near 30k due which i dont agree with

Show More
Show Less
Ask Your Own Bankruptcy Law Question
Customer reply replied 1 year ago
sdfsjdf
Customer reply replied 1 year ago
please note that the cars was taking as well abck i 2013 and i dont understand why irs 31k th full prive thr auf
Answered in 4 hours by:
2/17/2017
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2,956
Experience: Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
Verified

Thank you for your question. You can discharge this debt in a bankruptcy case, yes. if you wish to fight the case, you would need to file an answer to the summons in the case stating that you disagree with the complaint, then there will be a trial, where they have to prove their case and amount owed. Two important things. First, if you are getting something at the job, it's likely that the case was won by the creditor, and they are now looking to garnish wages. If this is so, then it might be too late to dispute the amount. If you never got notice of the suit, you can bring a motion to object due to lack of service, and have the order vacated, so that you can try the case. Second, the amount they get when they sell the vehicle at auction is often pretty low, so you would owe your contract balance, repossession/storage fees, attorney fees, and possibly interest on the balance, minus whatever was recouped at the sale.

Let me know what questions you may have. thanks
Terry

Ask Your Own Bankruptcy Law Question

did you have any followup questions? if so, let me know, if not, please click accept to close question and rate my answer. thanks!

Ask Your Own Bankruptcy Law Question

please click accept/rate to close question so I may get credit for answering. Thank you

Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2,956
Experience: Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
Verified
Terry L. and 87 other Bankruptcy Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a bankruptcy lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Terry L. Your Own Question
Terry L.
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2,956
2,956 Satisfied Customers
Experience: Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.

Terry L. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Terry L.

Terry L.

Attorney

2,956 satisfied customers

Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.

cortrightlaw

cortrightlaw

Attorney

511 satisfied customers

Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.

JoeLawyer

JoeLawyer

Attorney

376 satisfied customers

Attorney in the practice of Bankruptcy Law since 1996

A.J.

A.J.

Attorney

262 satisfied customers

Experienced consumer bankruptcy attorney.

Fritz

Fritz

Attorney

209 satisfied customers

Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases

Law Girl

Law Girl

Attorney

153 satisfied customers

I am an attorney.

Paul K, Esq.

Paul K, Esq.

Attorney

141 satisfied customers

10 years Exp., Great customer service, Prompt responses.

< Previous | Next >

Related Bankruptcy Law Questions
I owe 600K to the IRS from year 2006 and 2007, I did not
i owe 600K to the IRS from year 2006 and 2007, I did not file my taxes that year and i made decent money in the mortgage business days, but now I don't make that money I am on medical and get assistan… read more
Mark Anderson
Mark Anderson
Attorney
Doctoral Degree
10 satisfied customers
Car dealer was about to repo its car when received notice
Car dealer was about to repo its car when received notice that car buyer filed for bankruptcy. Can dealer go through with the repo?… read more
Lori
Lori
Juris Doctor
1,553 satisfied customers
My. Wages have been garnished for a year and a half. If I
My. Wages have been garnished for a year and a half. If I were to file for bankruptcy now, do I have any chance of recovering those funds? It's close to $14,000… read more
Mark Anderson
Mark Anderson
Attorney
Doctoral Degree
10 satisfied customers
I need help with my garnished pay check.. It just started
It just started and I called the creditor but they said there's nothing they can do about it … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,040 satisfied customers
If I file for chapter 7 or 13 can the courts take/garnish my
if I file for chapter 7 or 13 can the courts take/garnish my state retirement pension. its all I will have to live off after this ??????? … read more
Terry L.
Terry L.
Attorney
2,956 satisfied customers
IRS notice received. I owe over $13,000. I am retired on
IRS notice received. I owe over $13,000. I am retired on $1700 soc security benefits. I plan to file Ch 7. I understand the rules regarding this, except for one, which I hope you can help with. … read more
Terry L.
Terry L.
Attorney
2,956 satisfied customers
I received a Notice of assets, notice to creditos and other
I received a Notice of assets, notice to creditos and other parties in interest of the need to file claims from my previous employer who owes me back pay. what does this mean? how do I get my back pay… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
37,395 satisfied customers
I had a business and didn't close the EDD account and irs,
I had a business and didn't close the EDD account and irs, now I'm getting letters that I owe money, I'm not working and planing to go to my country but I also have collections here and there from the… read more
Terry L.
Terry L.
Attorney
2,956 satisfied customers
I am the buyer on a land contract. The seller wants to get
I am the buyer on a land contract. The seller wants to get out of the contract to go with another offer/contract. They have threatened to file bankruptcy if we do not accept a small fee to walk from o… read more
DrakeLAW
DrakeLAW
Juris Doctorate
1,038 satisfied customers
Received a notice of automatic dismissal without the entry
Received a notice of automatic dismissal without the entry of a discharge. for failure to file documents. a/b, D, E/F,I,J,J2,statement of your current monthly, income BUT I filed these forms but at 2 … read more
DrakeLAW
DrakeLAW
Juris Doctorate
1,038 satisfied customers
Will my contracts with ATT, TV, and Cel phone be terminated
HI! will my contracts with ATT , TV, and Cel phone be terminated through bankruptcy 13 or 7? Thank you. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have a contract with a California corporation and the
I have a contract with a California corporation and the consideration are Pref shares of the company. There are three payments; an initial payment, 2 years later and 4 year later. Paid in thirds. The … read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,377 satisfied customers
Why is it legal for a creditor to get awarded a wage
Why is it legal for a creditor to get awarded a wage garnishment against me while I am in a Chapter 13?This creditor was a debt my almost ex wife had and was not notified of the chapter 13 filing I'm … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
59,246 satisfied customers
If a debtor is subject to a wage garnishment and the wages
If a debtor is subject to a wage garnishment and the wages are garnished at the employer level, what happens to the non-garnished wages? Can the creditor now just go to the bank and get the 75% of the… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
37,395 satisfied customers
Capital One is going to garnishment my checking. I have two
Hi Capital One is going to garnishment my checking. I have two business account. one is a sole proprietorship. The other is LLC I was told they couldn't garnish a LLC. I just talk to some one at the b… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
59,246 satisfied customers
I have a lien in my student loan, can they also garnish my
I have a lien in my student loan, can they also garnish my paycheck? How should I deal with the lender?… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,837 satisfied customers
I filed bankruptcy and just received a notice saying
hello. I filed bankruptcy and just received a notice saying sheriffs notice of bankruptcy procedures. pursant to a creditors instructions under a writ of execution , the sheriff levied on and is curre… read more
DrakeLAW
DrakeLAW
Juris Doctorate
1,038 satisfied customers
I just received a notification that a creditor is garnishing
hello. I just received a notification that a creditor is garnishing my wages starting next month. I work for the school district. What can I do. Im ready to file bankruptcy if i have to. so 2 question… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
37,395 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x