I had a judgement entered against me for a credit debt back in 1996. About 1 month ago, I received a writ of garnishment to which I immediately filed an exemption for "Head of Household". The garnishee filed an "Extension to file" and then must have requested a court date thereafter, because today I received a Court Hearing date. However, the writ of garnishment is still in place and the court date is 38 days from today. I have already had my wages garnished 25% from 2 paychecks, and will have 2 more paychecks garnished before the court date. Is there anything else I can do, or do I just have to wait it out until my court date? I cannot afford a lawyer, so I would appreciate any advice you can give me. When I go to court, what do I need to take with me to prove my "H. Of H" exemp.?
Chapter 7 Bankruptcy Attorney
If the debt is paid in full, the garnishment will stop. Apparently you can not pay it off so that option is out. The garnishment can be stayed if you file a bankruptcy petition. If you qualify for a bankruptcy discharge, the garnishment will stop permanently. If you offer, and the creditor accepts, a settlement, a payment plan, or some arrangement to satisfy the debt, the garnishment will stop. Otherwise, until the court rules on your claim of exemption, the garnishments will probably continue.
You can contact the court to request an expedited hearing. Explain your situation and ask that they move the hearing up.
The comments added are for general informational purposes only and are not intended to provide or be a substitute for legal advice, or create an attorney client relationship.