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I have a garnishment for over 2,000 on my bank account from…

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I have a garnishment for...
I have a garnishment for over 2,000 on my bank account from a few days ago in Denver, Co. I was not notified of this judgement or its actions and found out from my bank.

what are the reasons for a hardship appeal on this

I understand they are going to garnish my wages as well. I wont have the money for a chap 7 for about 6 months. I have many medical bills each month
Submitted: 8 years ago.Category: Legal
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Answered in 6 minutes by:
6/11/2010
Lawyer: C.Fortunato, Attorney replied 8 years ago
C.Fortunato
C.Fortunato, Attorney
Category: Legal
Satisfied Customers: 8,023
Experience: Admitted NYS Bar, member ABA, NYSBA, NYCBA, QCBA, Licensed Real Estate Broker
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Hi isadore,
Filing the paperwork with the clerk can give you a lot more than a few days. If the court believes that you never received notice of the proceeding, the case has to be dismissed. This means the plaintiff has to start all over again in order to get another judgment. Also, when you do to court, you can ask the judge to order that the funds in your bank account be released right away, based on the fact that you never received notice of the court proceeding. Once the funds are released, you should have enough money to file a bankruptcy right away. If you "shop around", you should be able to find an attorney who will file process the bankruptcy for $1000 or less, including the court fees.
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Customer reply replied 8 years ago

I have been told that all they had do do was send me a letter. Supposedly I was served on sept 9. Since I was not served personally or by cetified mail I was not aware I had received anything. I don't look in all my mail. I was aware that if I was served I would have to try to file for bankruptcy and but I did not know the weird rules here.

 

It won't hurt to file the garnishment and go to court. Can I also file a hardship I have a fairly good salary it is the medical costs that get to me. I should be ok on the means test I am just slightly over it.

 

Where do I find a experienced attourney for 1000 I am getting quotes of 2,000 and more.

Customer reply replied 8 years ago

I have been told that all they had do do was send me a letter. Supposedly I was served on sept 9.  Since I was not served personally or by cetified mail I was not aware I had received anything. I don't look in all my mail. I was aware that if I was served I would have to try to file for bankruptcy and but I did not know the weird rules here.

 

It won't hurt to file the garnishment and go to court. Can I also file a hardship I have a fairly good salary it is the medical costs that  get to me. I should be ok on the means test I am just slightly over it.

 

Where do I find a experienced attourney for 1000 I am getting quotes of 2,000 and more.

Lawyer: C.Fortunato, Attorney replied 8 years ago
Service by mail is allowed only after service has been unsuccessfully attempted at the person's residence, and then a judge gives permission to mail the papers instead. If this happened, it should be reflected in your case file at the court.
I am not aware of any accommodation for hardships based on medical, or any other reason.
You have to keep calling to find a $1000 attorney. Sometimes you can find them advertised in the local newspapers. Unless you have a lot of assets (property), you don't need a highly experienced attorney, and often the ones with the most experience tend to charge less, because with experience it takes less and less time to process a bankruptcy.
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