I have a wage garnishment at the sheriff against someone who is going to file bankruptcy are there exceptions?

I have a wage garnishment against someone who acted dishonestly and broke a civil code 56.36 the amount was awarded not as a debt but malicious intent and negligence damages. Can she discharge the amount owed to me in bankruptcy? I have been told she is going to do it when she gets the notice from the sheriff.

Manteca, CA -

Attorney Answers (3)

Brian Crozier Whitaker

Brian Crozier Whitaker

Bankruptcy Attorney - San Diego, CA
Answered

Ms Cannella is correct. I would only add that your garnishment will have to stop if she files ... but can resume when the stay is lifted if you have obtained an Order that her debt to you is not dischargeable. You will probably need an attorney to obtain such an order.

Renee Mayerson Cannella

Renee Mayerson Cannella

Debt Collection Attorney - Stamford, CT
Answered

there are exceptions. the fact that she's threatening to file bankruptcy does not mean that she will be discharged in bankruptcy. if she does file for bankruptcy theres is always the chance that the bankruptcy will be dismissed. if its not dismissed you should see about obtaining an attorney to represent you to challenge the discharge of your judgment. you will have to make the decision whether the cost of retaining an attorney is worthwhile based on the size of the judgment. good luck.

Disclaimer: The foregoing answer does not create an attorney-client relationship with Attorney Cannella or her... more
Kevin Samuel Sullivan

Kevin Samuel Sullivan

Debt Collection Attorney - San Francisco, CA
Answered

talk to a local BK attorney who can advise regarding the impact of the bankruptcy on the garnishment and also the ultimate dischargeability of the judgment you have.

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Bankruptcy

Bankruptcy is a legal way for people or businesses who are no longer capable of paying back their bills to clear these debts and start over.

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Wage garnishment

Wage garnishment is the process whereby your employer sends part of your paycheck directly to your creditor in order to pay off your debt.

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