I was in the hospital for several months, thinking my insurance was covering the costs. It didn't, and now the hospital is garnishing my wages.
Car / Auto Accident Lawyer
Bankruptcy may be your best option. Talk to an attorney before you do anything. Most give free consultations.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Alabama. Responses are based solely on Alabama law unless stated otherwise.
2 lawyers agree
The only way a garnishment is allowed in Alabama is after a judgment has been entered against you.
Have you been sued? Did you get served? Did you lose the lawsuit?
Remember there is a difference in being threatened to be sued or to be garnished and actually being sued, losing, and then being garnished.
Get with a consumer protection lawyer or a bankruptcy lawyer. There are a number of lawyers in Jefferson County that can help you.
John G. Watts
No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers. I am only licensed in Alabama and no information is intended to be legal advice. Instead, it is simply general education information to help encourage you to speak with a licensed lawyer in your state.
You should seek the advice of an experienced consumer attorney. Bankruptcy may or may not be the best option for you. Were you served with a lawsuit by the hospital? If not, a judgment may have wrongfully been taken against you. You may have defenses available. All of your options , including bankruptcy, should be considered. The above having been said, bankruptcy will almost certainly stop the garnishment immediately upon filing. You may even be entitled to a return of some of the garnished money. Best wishes!
It is possible you can claim exemptions if your wages aren't that low and stop the garnishment at the courthouse where the judgment was taken. Otherwise bankruptcy may be the next best alternative as the other attorneys have stated.
There are many factors that can affect how best to handle this matter and the best advise is usually to hire an attorney immediately. Unfortunately the advice above is a guess that is based on very scanty facts. Circumstances of all sorts can change the ultimate answer you need. If you want to know how best to handle the situation, make an appointment with an attorney and get good solid advise based on more exact facts. The money spent might give you the peace of mind you need. The information provided is not intended as legal advice that can be relied on in part because we do not have the entire the situation. No Attorney/Client relationship is intended, implied or created. We are a debt relief agency and we help people file for relief under the bankruptcy laws.