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Tina, Lawyer
Category: Legal
Satisfied Customers: 33167
Experience:  JD, BBA Over 25 years legal and business experience.
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I live in New York State, I borrowed $5000 from a freind and

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I live in New York State, I borrowed $5000 from a freind and thought I'd given him enough trade value to cover the loan but he says no and is taking me to small claims court for $3000. My question is if I don't go I know the judge will grant him the judgement, but can my wages be garnished to pay him back or will there just be a judgement on my credit. I have just gotten a new job and I know if I miss work they wont keep me on. But I don't want my wages garnished. What options do I have

Hello and welcome.

I am sorry to hear of your difficult situation. Please note: (1) this is general information, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. There may be a delay between your follow ups and my replies as I review your responses and prepare your answer.

Is there ANY chance you can settle this with your friend to avoid having to appear in court?


Customer: replied 4 years ago.

I tried that and he has become volatile I had the police here last time and he is bent on causing me greif. He knows I have a new job and that it will cause a hardship. that is his goal.

I see. Thank you for clarifying the situation for me.

If you simply cannot attend the hearing, the court will typically grant a default judgment in the plaintiff's favor and then the plaintiff could obtain an order to garnish your wages unfortunately.

The only way to end this without having to appear in court would typically involve either retaining a local attorney to represent you in the matter and seek to delay the hearing repeatedly if possible or to file for bankruptcy protection, which would normally discharge the debt altogether.

You could contact the clerk of the court yourself and see whether the court will grant you a continuance of the case, but you would need to appear at some point down the road in order to avoid a default judgment, or bankruptcy protection would end the litigation once and for all if you are not concerned about your credit rating, although that is a more extreme step and you would ultimately be required to appear before the bankruptcy court at some point.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!


Note: Please feel free to request me if you have future legal questions by going to your “My Questions” page and clicking on “Request Tina again” next to my photo. I look forward to hearing from you again.

Customer: replied 4 years ago.

I'm in the beginng of bankruptcy proceedings I've retained a lawyer and paid a 250 deposit back in jan but im still trying to put together the other 1000. I didn't know I could claim personal loan debt.

Yes, that needs to be included in the bankruptcy case as one of your creditors and include the small claims case number. Notice should be provided by your bankruptcy attorney to the small claims court that you have filed bankruptcy and the small claims case should be stayed pending the outcome of the bankruptcy case. In the bankruptcy case, the claim should be discharged and no further action should be taken against you in the small claims court.
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