wage garnishment

Submitted by maple110666 on Mon, 06/13/2011 - 22:36
Forums

I had my wages garnished from an old credit card bill. I recieved no notice because they went by an old address i lived at 10 years ago, so was not present at the hearing, Im struggling now because they take the maximum 25%. i have now fallen behind on my other bills. They take between $130.00 and $150.00 every week, what i can do to quickly stop this? is bankruptcy the quickest? and if i do that will it stop as soon as i hire an attorney, even tho i would have to go on a payment plan with them?
Or would it be quicker if i went to court and filed papers myself?

Sandy Willson (not verified)

Wage garnishment is not legal in all states. You need to check whether or not wage garnishment is allowed in your state. You could have filed bankruptcy if an order was not issued by the court. But here the court has issued judgment. Secondly, bankruptcy may hurt your credit score adversely. So, filing bankruptcy is not the good idea. The best option for you is to payoff your debt. You may also file an appeal in the court with a claim of exemption. This is because you have the rights to defend yourself. You can consult with an experienced attorney and get advice from him/her regarding this issue.

Tue, 06/14/2011 - 06:25 Permalink

With a wage ganishment, your employer would have to have been notified of such actions by the court. I would start there and see what your employer says, what paperwork they have for this, etc. And, it's true..some states don't allow wage garnishments. I live in PA..wage garnishments aren't allowed here. However,..a CA can take payments from a bank account, etc.

Tue, 06/14/2011 - 10:48 Permalink
Anonymous (not verified)

My job was notified and they notified me the week before it was to start, I live in Ct and it is legal. I will file for bankruptcy, but i would like to know will it put a stop to the garnishment right away, even if im on a payment plan with a lawyer.

Tue, 06/14/2011 - 10:57 Permalink

If you file BK, the payments should stop. Will they stop right away?..that I'm not sure of. If the payments don't stop (legally, they should) you need to notify the BK laywer you will be using.

Fri, 06/17/2011 - 12:36 Permalink