I have been garnished a total of about 5,000 for a repoed car. The total they sent me to pay was 10,877 and they didnt want to make an affordable repayment plan..now after several years of being garnished..their interest rate totaled about 4000 plus court fees the new total is 10,105 ...I am not going to pay them another 10,000.
You are way overdue to find out more about filing bankruptcy. Besides stopping this garnishment, bankruptcy will cause an immediate improvement in your credit score (from terrible to just bad) and give you a chance to have good credit in three years.
Three years after bankruptcy, people are getting car loans at 6.9% down to maybe as low as 4.25 from a credit union like Apple. With a garnishment hanging there, you'd pay upwards of 20% to get a car loan if you can get one at all.
What are you waiting for?
I'm NOT your lawyer. Just giving you some ideas on what you should discuss with a lawyer in your area.
You answered your own question. Get an appointment.
If my answer is "HELPFUL" and/or the "BEST ANSWER" please mark it accordingly.The content of responses to questions on this site should not be construed as formal legal advice and is for general, practical, illustrative‚ and for informational purposes only. The information in these question responses should not be used in place of a consultation with an attorney‚ or used to make legal decisions. Answers to Avvo questions do not constitute or imply any attorney-client relationship, nor do they provide a prediction of the outcome of your specific legal matter.
Stop considering. Call a local bankruptcy attorney for the next available appointment for a free consultation. Take your paperwork on the garnishment, your current pay stub and most recent tax return to the appointment. The sooner you start the sooner you can get some relief.
Nels Hansen is a bankruptcy lawyer in Austin Texas and accepts clients in Austin, Georgetown and Pflugerville. We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code and have done so proudly since 1996. The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship.
Mr. Weed and my esteemed colleagues are correct - you should at least know the options in bankruptcy and the alternatives to continuing garnishments. Even if you are not eligible for a chapter 7 bankruptcy, at least a chapter 13 wage earner plan bankruptcy would allow you to pay your monthly bills and eventually discharge the debt after completion of your three to five year plan payments. You definitely need to consult with a bankruptcy lawyer now.
The foregoing is intended to be general legal information concerning Virginia law based on the scenario as written and not legal advice to anyone in particular. The information provided should not be relied on as legal advice or as an appropriate basis for any legal action, and it's provision does not establish an attorney-client relationship with the reader. Information shared or provided on a public forum is obviously not confidential or private. Every situation is unique and you should always immediately consult with a Virginia attorney to discuss all your options in light of your particular circumstances before acting.
Bankruptcy is one way to stop the garnishment and discharge your obligation to pay for the deficiency on the car. A bankruptcy may also help if you have other unsecured debts. But, the only way to be sure if bankruptcy is for you, is to make an appointment for a consultation. You should talk to a bankruptcy attorney as soon as you get a chance. As the other attorneys have suggested, talking to an attorney will give you the best understanding of how bankruptcy will help your situation. The initial consultation is usually free.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline