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I need to stop a wage garnishment with filing for bankruptcy

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

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Attorney answers 3

Posted

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

Posted

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 advice or advice of any sort for a specific case or legal matter. If you do not have a signed attorney-client fee agreement with the Consumer Law Office of Robert Stempler, APC ("the Firm"), then until such written fee agreement is provided and signed by both a prospective client and attorney for a particular case, neither Mr. Stempler nor the Firm will represent you nor will they be your attorney in any matter and you remain responsible for retaining your own attorney and for compliance with any and all deadlines and for any statutes of limitations that may pertain to potential claims. 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. Stempler that is confidential, please go to www.StopCollectionLawsuits.com and submit a free eCase Review. The result portrayed for a client was dependent on the facts of that case. Results will differ if based on different facts. The Firm and Mr. Stempler are a debt relief agency. The Firm and Mr. Stempler help people file for bankruptcy relief under the Bankruptcy Code.

Posted

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
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.
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.

Brian R. Johnston

Brian R. Johnston

Posted

Please pardon the redundancy in my answer above.

Brian R. Johnston

Brian R. Johnston

Posted

And Mr. Walton is correct that you may be able to recover funds garnished in the previous 90 days.

Asker

Posted

I called the creditor and she willing work out lower payment arrangement of $150. Month . Who do I contact know update that or can she call and tell them we came to agreement ??

Brian R. Johnston

Brian R. Johnston

Posted

If your agreement states that she is willing to terminate the wage garnishment in exchange for payments of $150 per month then she must send a WG-012 - Notice of Termination or Modification of Earnings Withholding Order to the levying officer (the Sheriff) requesting the garnishment be terminated. On a side note, I suggest you agree to begin make payments only after the wages that have been garnished have a chance to flow out of the system. There's no sense in making what amounts to a double payment when you are in financial distress.

Asker

Posted

Thank you , I told her that and the form she need to file . I am worried cuz my employer is holding off on on returning any if these papers . Due fact that I was trying save $$ to start bankruptcy and I called her and she decided to take the lower payment rather than get nothing .. I don't want my employer get introuble. Do they have to send back the order completed or try hold off until she signs sends all this. On side note should I send off anything to the levy officer in meantime ? Or wait her to sign papers .. So frustrating due fact that I never knew any if this and she had court date without my knowledge. She am old renter In Town I know longer live in . But I need to protect my paycheck from what is think 20 % garnishment month or 30% ..

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