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We live in Oregon, the State of Oregon Employment said they…

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We live in Oregon...

We live in Oregon, the State of Oregon Employment said they overpaid my husband by $10,000 and are charging $15,000 in interest and penalties and are now garnishing our wages. They said we are too late to fight this. Do we have an option

Lawyer's Assistant: Have you discussed the wage garnishment with a manager or HR? Or with a lawyer?

I have called different attorneys and all of them say they don't handle this type of case. What type of. Lawyer do I hire?

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

He belongs to a Union now but this goes back over 10 years and not all of it is true.

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

He wasn't working for a Union then.

Submitted: 4 months ago.Category: Employment Law
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Answered in 22 hours by:
3/17/2018
Employment Lawyer: Phillips Esq., Attorney-at-Law replied 4 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 22,359
Experience: B.A.; M.B.A.; J.D.
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Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Employment Lawyer: Phillips Esq., Attorney-at-Law replied 4 months ago

I am so sorry to read about your difficulties.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

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Employment Lawyer: Phillips Esq., Attorney-at-Law replied 4 months ago

Your Question:

We live in Oregon, the State of Oregon Employment said they overpaid my husband by $10,000 and are charging $15,000 in interest and penalties and are now garnishing our wages. They said we are too late to fight this. Do we have an option

Response: Yes. File for Chpater 7 bankruptcy protection if you are eligible. As soon as the bankruptcy case is filed, you would send a Notice of Bankruptcy Case Filing to your employer to stop the garnishment. The garnishment MUST stop upon filing of your bankruptcy case.

You would be eligible to file for Chapter 7 bankruptcy protection, if you meet the Means test—the income test. If your income is equal to or less than the current income guidelines for your family size in your state, you would be eligible to file for a Chapter 7 bankruptcy all things being equal. The income used in calculating the Means test is the income for the 6 months before the filing of the bankruptcy petition. This means that if you are filing for bankruptcy protection this month, March 2018, the income that would be used is your income from September 2017 to February 2018. If you are filing next month, April 2018, the income that would be used in the Means Test calculation would be the income from October 2017 to March 2018, etc.

Click on the link below to see the current income guidelines for your state:

http://www.justice.gov/ust/means-testing

https://www.justice.gov/ust/eo/bapcpa/20171101/bci_data/median_income_table.htm

The filling fee for Chapter 7 is $335.00. You may able to waive this filing fee if your income is 150% below the current poverty guidelines. Click here for current poverty guidelines:

http://search.uscourts.gov/search?affiliate=uscourts.gov&locale=en&query=poverty%20guidelines

You must receive budget and credit counseling from an approved credit counseling agency and obtain a Certificate of Credit Counselling to be filed with your bankruptcy case. The agency will review possible options available to you in credit counseling and assist you in reviewing your budget. Different agencies provide the counseling in-person, by telephone, or over the Internet.

It is usually a good idea for you to meet with an attorney before you receive the required credit counseling. Unlike a credit counselor, who cannot give legal advice, an attorney can provide counseling on whether bankruptcy is the best option. If bankruptcy is not the right answer for you, a good attorney will offer a range of other suggestions. The attorney can also provide you with a list of approved credit counseling agencies, or you can check the website for the United States Trustee Program office at http://www.usdoj.gov/ust/eo/bapcpa/ccde/cc_approved.htm

After your case is filed, you must complete an approved course in personal finances. This course will take approximately two hours to complete. Your attorney can give you a list of organizations that provide approved courses, or you can check the website for the United States Trustee Program office at http://www.usdoj.gov/ust/eo/bapcpa/ccde/de_approved.htm

Consult a local bankruptcy attorney for further explanations of your rights and responsibilities.

The sites below are good resources for finding bankruptcy attorneys in your area:

http://www.nacba.org/

http://www.consumeradvocates.org

http://www.justia.com/

http://www.lawyers.com/

If you cannot afford an Attorney, then the next best alternative will be to use bankruptcy petition preparer. Bankruptcy petition preparers prepare bankruptcy forms but they cannot give you legal advice because they are not attorneys. You can do a search on Google to find bankruptcy petition preparers.

Goodluck with your case,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

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