I need to stop a wage garnishment with filing for bankruptcy

Asked over 1 year ago - Oakland, CA

how do i do that or can i or how do i lower the percentage i cant afford 20% of my wages it leave me homless

Attorney answers (3)

  1. Brian R. Johnston

    Contributor Level 8

    2

    Lawyers agree

    1

    Answered . If you have actually filed BK, you or your attorney should send proof of such filing to the creditor garnishing your wages demanding that they terminate or suspend the wage garnishment until the BK case is resolved by either a discharge or a dismissal. If you get a discharge, the other party may not reinstate the wage garnishment (with certain exceptions based on the cause of action in the judgment. If your BK case is dismissed, the creditor may resume garnishment of your wages.

    Notwithstanding the BK, if the garnishment is causing undue financial hardship you, or your attorney, should prepare and file a WG-006 - Claim of Exemption and a WG-007 - Financial Statement (available here: http://www.courts.ca.gov/forms.htm?filter=WG) showing the details of your income and requesting the garnishment be terminated, or modified to an amount that you can afford.

    If you have actually filed BK you or your attorney should send proof of such filing to the party garnishing your wages demanding that they terminate or suspend the wage garnishment until you get either a discharge or your case is dismissed.

    Notwithstanding the BK, if the garnishment is causing undue financial hardship you, or your attorney, should prepare and file a WG-006 - Claim of Exemption and a WG-007 - Financial Statement (available here: http://www.courts.ca.gov/forms.htm?filter=WG) showing the details of your income and requesting the garnishment be terminated, or modified to an amount that you can afford.

    The Law Office of Brian R. Johnston
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    NOTICE: The above statements are provided for general information purposes only and are not intended as legal advice or advice of any sort for a specific case or legal matter. Nothing in the above statements should be construed as an agreement for legal representation and unless there is an express representation agreement in writing between you and this firm, this firm does not represent you in your matter. Comments made on a public forum, such as Avvo.com, to not have any confidentiality because others may read them. If you desire a private consultation with Mr. Johnston that is confidential, please call (626) 344-8667 or email contact@brjohnstonlaw.com.
    The Law Office of Brian R. Johnston
    Brian R. Johnston ~ Private Investigator
    417-B West Foothill Blvd., Suite 332
    Glendora, CA 91741
    Ph: (626) 344-8667
    Fx: (714) 916-9392
    (CA PI Lic#27613)

    NOTICE: The above statements are provided for general information purposes only and are not intended as legal advice or advice of any sort for a specific case or legal matter. Nothing in the above statements should be construed as an agreement for legal representation and unless there is an express representation agreement in writing between you and this firm, this firm does not represent you in your matter. Comments made on a public forum, such as Avvo.com, to not have any confidentiality because others may read them. If you desire a private consultation with Mr. Johnston that is confidential, please call (626) 344-8667 or email contact@brjohnstonlaw.com.

  2. Robert Harlan Stempler

    Contributor Level 19

    1

    Lawyer agrees

    Answered . Bankruptcy is not the only way to skin a wage garnishment order. My legal guide on Avvo (linked below) explains the steps to reduce a wage garnishment, possibly even get a court order that you are exempt from wage garnishment using the claim of exemption forms.

    However, this will not last forever and if you finances improve enough, not only will your wages be garnished, but you bank account can also be levied. Also, the unpaid judgment will grow at the rate of 10% per year plus any costs and possibly the attorney's fees. For instance, if you don't settle the judgment or discharge it in bankruptcy, a $5000 judgment will add $500 per year. The best time to settle is when you qualify for bankruptcy, because most companies would rather settle for something paid now, than get nothing if you file a bankruptcy and discharge it.

    If this is a default judgment, I have a my blog, below on your options for dealing with that. Perhaps it was not properly served on you and you can have the judgment (and garnishment) removed. I suggest you consult with an attorney who handles these cases regularly to try to get the best result possible, under the circumstances.

    Robert Stempler (please see DISCLAIMER below)
    www.StopCollectionLawsuits.com
    www.facebook.com/SoCalConsumerLawyer
    Twitter: @RStempler

    NOTICE: The above statements are provided for general information purposes only and are not intended as legal... more
  3. Alan D. Walton

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . You need to consult with a bankruptcy attorney ASAP! Filing a bankruptcy will stop the garnishment, and you may be able to recover funds that were taken in the last 90 days. But you need the assistance of counsel. Find someone at www.nacba.org

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