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I just received a notification that a creditor is garnishing…

hello. I just received a...
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 questions. what should I do to stop this garnishment? If I file, how long does it take to stop them?
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Answered in 4 minutes by:
5/16/2017
Barrister
Barrister, Attorney
Category: Bankruptcy Law
Satisfied Customers: 40,111
Experience: 17 years practicing law. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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what should I do to stop this garnishment? If I file, how long does it take to stop them?

.

If the school has been served with the wage garnishment, then about the only thing you can do to stop it would be to file bankruptcy as that puts an automatic stay to all creditor actions. So if you were to file BK, then as soon as you did so and got the stamped filing from the court clerk, you can send a copy to the creditor and the employer and they would have to stop any garnishment.

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So literally the same day you filed the BK petition, you could get the wage garnishment stopped.

.

.

thanks

Barrister

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Customer reply replied 9 months ago
To file, do I need the list of all of the creditors for bankruptcy? I know I can pull up whats on on 3 credit reports but what if something is not on there?

You just need most of them, and can amend any filing later on if you miss any. The goal is to just get it filed asap so you can get the garnishment stopped.

.

.

thanks

Barrister

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Customer reply replied 9 months ago
i dont know if you heard of GCFS but i looked at credit report and they filed a judgement on me in 2012 for $8,000. but they are stating on WGpapers that amount owed is $21,000.00. i never seen this before or know what it is. I researched a term called "default judgement" but I dont know how long that will take to file or see results. Im ready for a change , a new start, I don't have an issue filing. but how do they get away with this amount. it says 25% of your wages. my take home is usually 1035.00. not enough for my son and i and my ex reduced his child support to $800. i barely have rent and car payement and issurance.

That judgment would also be discharged in any BK filing and it has likely jumped up due to attorney fees, interest and any other fees that they added in. A default judgment just means that they claim that they served you with a lawsuit and you didn't respond to it, so they got a judgment against you...

.

The 25% is set under federal law as the max that they can take out... And I agree that just gives you more incentive to file as it is excessively high, but legal..

.

.

thanks

Barrister

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Customer reply replied 9 months ago
Ok. Im trying to gather information now to file and then add on. thanks! If I go in and submit this information to a bankruptcy attorney when does it get file to the court since time is of the essence? and what about the credit I have in good standing, will they close my credit cards?

A decent BK attorney can put together a petition to file in a couple days..

.

And it is up to the creditors, but they don't have to, and probably will not as long as you keep making any payments... they don't want to close accounts if you are honoring the cardholder agreements.

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.

thanks

Barrister

Barrister
Barrister, Attorney
Category: Bankruptcy Law
Satisfied Customers: 40,111
Experience: 17 years practicing law. Landlord 26 years
Verified
Barrister and 87 other Bankruptcy Law Specialists are ready to help you
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Barrister
Barrister
Barrister, Attorney
Category: Bankruptcy Law
Satisfied Customers: 40,111
40,111 Satisfied Customers
Experience: 17 years practicing law. Landlord 26 years

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