Posts Tagged ‘garnishment’

How do you file for bankruptcy when you are too broke to pay filing fees?

I am so broke. I even tried to look under the seats of my car to find enough change to buy a kid I work with a 54 cent ice cream cone he earned by good behavior and grades for 4 weeks but I did not have enough. I lied and said I forgot my money at home. So I took him to park and I owe him a ice cream next week I work for a small mental health non profit and my husband has been out of work for two years. I was able to make ends meet except for one credit card,student loan and my car. My student loan took my tax refund for the past two years but I still owe them two thousand. I had the car voluntarily repossed because I could not afford it(big mistake because now the court says owe 10000 when the loan with interest was only 6000 and I paid on it for 2 of the 4 years), The credit card got a garnishment that takes 400 a month from my pay at 25% pre tax which is more than I take home in two weeks now, and now the bank(car loan) has sued me too and wants to garnish me too but I don’t make enough for them to take anymore. I am so tired of eating peanut butter sandwiches, soup, or beans that I get from the food bank. If I could find some way to file bankruptcy I would be ok, but I have no clue where to start. Any help would be great, even the info needed to file or ask for help. I just cant do this much longer.

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I'm in the process of filing bankruptcy, but am being sued in a week. What do I do?

I’m in the process of filing a chapter 7 and my attorney’s office is still working out the details. It’s a real fresh start; my son and I moved in with my family, we’re letting the house go as part of the CH7, etc.
Unfortunately, the attorney has yet to actually file the CH7 on my behalf. I work 8-5, Monday-Friday, and I just started this (well-paying) job so I have no business asking for time off.
The mess comes from Citifinancial, who has involved their attorneys in collection of an old debt. You know, the kind where when you tell them you’re having trouble paying, they "help" you by telling you that you have to refinance the debt, borrowing more, and won’t work with you otherwise. The debt is 6 months from clearing statute of limitations on collections, so they filed suit.

On the 8th, I have a court date right in the middle of my work schedule. The attorney’s office said they couldn’t file my CH7 until a week after, but said "we always advise our clients that it’s better to stay at work and make money, than to lose more by going to court when you’re going to have a judgment against you either way. " They then said it would take 45-60 days for me to see any ill effects from the garnishment, and by then, I’d be within the automatic stay period anyway. I was advised to simply wait for them to contact me next Monday to obtain anything missing from what I gave them as far as information is concerned.

This makes sense to me, but I feel a disturbance in the force. Can they instigate a garnishment at the very same time they obtain the judgment? I’m in TN and can’t find anything to satisfactorily answer this, though it seems "implied" that they must first attempt to collect from me under the judgment before they can attempt to garnish, whether I show up or not. I know I should empty any bank accounts (indeed, perhaps close them) before the judgment goes into place, but do I need to go to the civil court date anyway, if the next week my automatic stay would begin?

I’m very confused as to what I should be doing.
To clarify: I contacted the attorney and reached the paralegals, but have been unable to reach the attorney. The paralegals are the ones who guided me on these most recent steps.
I just noticed on my summons, there was no notation as to the proper window in which I must "Answer". This is supposed to be there, and I was served exactly 30 days before the court date. Can I submit an "Answer" citing that due to the lack of definition by the Plaintiff on the summons (which was authored by the plaintiff and signed off on by the court), that in addition to being unable to attend on that date and needing to reschedule, that the Plaintiff intentionally evaded my rights to respond in order to attempt forcing a default judgment?

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HELP!!!!!!I filed Bankruptcy when will they stop garnishing?

HELP! HELP! HELP!I filed bankruptcy today to stop this guy from garnishing my wages. We went to pay the bill at court last week and they told us that he turned it in for garnishment. He never gave us a chance to pay, and we was only the co-signers, so its not like he ever gave us a chance. Well, our work cuts checks on Saturday(we work for Sams Club/Wal-Mart) and we get paid on Thursday. We are supposed to get our Sams Share check on Thursday also. Can it be stopped before then? Do I contact the payroll dept, court, the person, WHO? I need it stopped FAST! I agreed to a month and he is taking 400-500 a month with garnishment. We really tried, we are not trying to take the easy way out, but like I said this Dill head NEVER gave us that chance, and I am in school with 2 kids, married and he is the only one who works, because I am VERY SICK with lots of Med probs and bills, so I cant work… Sorry to explain so much but people get rude and think we are taking an easy way out. PLEASE!
Will they be able to garnish this weeks check or not?

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Chapter 7 Bankruptcy?

I filed chapter 7, back in April…At least thats when I gave the attorney the retaining fee. Upon my next visit to his office, I paid the filing fee of 5 for initial papers. This was a time sensitive issue because there were garnishments attempting to take place within a matter of weeks. Attorney dragged his feet, and the filing was delayed 30 days after I paid for all services to be rendered to me. By this time, the garnishment had begun to take place. Being paid bi-weekly, this company has taken over 0 from me in the course of 8 weeks.

They are supposedly allowed to keep 0. Problem is, they have refuned 0 to my attorney, and my case has went before court June 10, 2009. The attorney is delaying refunding my money to me, telling me that he has to wait to see what the trustee wants to do with the money. I’ve personally talked with the trustee, and he told me he has NO interest in those funds. I relayed this information to my attorney, and he still tells me that he has to talk with the trustee.

I’m really pissed at this point, and I’m considering lodging a complaint against him because had he filed the papers in a timely manner, the garnishments wouldn’t have never occurred. Secondly, if the trustee has no interest in the funds, then why is he hanging on to them.

Worst yet, the attorney called me into his office July 11 to get matters taken care of. The only thing I did in his office was watch him go through my file, and he made copies and put them in an envelope while I watched.

I signed no documents that day or anything, but I did get ot view my check from afar. Am I supposed to wait until the case it totally closed before getting my money back or should I file a complaint with the Milwaukee Bar association.?

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Will filing bankruptcy get rid of wage garnishment?

If a credit card company takes me to court & gets a court order to garnish my wages from work, will filing bankruptcy stop the garnishment?

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Should I file for Bankruptcy?

I am 22 and paying for my financial mistakes when i was younger. I recently just finished paying a garnishment for a apartment I once had, and I just received another noticed today that I would be getting another garnishment starting with my next pay check. I have gone to see a bankruptcy lawyer as well as a credit counselor, but have been to scared and confused to make a decision on anyone of them. I’m not really sure how exactly how much money I owe between, credit card companies, medical bills, etc. I’m not sure what I should do? I mean bankruptcy stays on your credit score for 7-10yrs but I’m only 22, but at the same time I would rather it not be on my score at all. Any suggestions?

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Stop a wage garnishment without filing bankruptcy?

My boyfriend bought a dodge dakota a few years ago but couldn’t afford the payments so he brought the truck back to the dealership. He agrees that he owes them for all the payments that he missed and for whatever the dealership loses by selling the now depreciated truck. However, they are garnishing him for the full 26,000 he paid for the truck even though they sold the truck to somebody else. How can he stop the garnishment without filing bankruptcy? What kind of attorney will handle this kind of case? Please help! Thanks!

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2 Homes foreclosed w/ around $90,000 2nd loan deficit for each in Ca should I file for bankruptcy protection?

Got laid off and cannot afford to pay mortgages. I have 1st home refinanced and cashed out ,000 3 years ago when all was still good. Total balance left is ,000 First home is only under my name which was rented out.

Then we bought a bigger house 2 yrs ago at the peak of housing and Our 2nd home was under my name and my wife this time which became our primary residence which was also foreclosed recently. Balance owed on 2nd mortgage is ,000 was not paid during the auction (purchase loan not refinanced). Both 2nd mortage lenders are now asking for payment on the deficit. I have around ,000 credit card debt also. My questions are;

1) Will any of the 2 2nd mortgage lender be able file judgement against me here in California for garnishment?

2) Considering the concerns above, would it be better to file for bankruptcy? We do not have any car loans as 2 cars is fully paid.

3) If bankruptcy is an option, should I file on my own only considering it is only I who’s on the 1st home 2nd loan which was refinanced and only I who is owing all the ,000 credit card debt? Or is it better for us to BOTH file?

4) Will we be issud a 1099 for tax on those deficit? Are those not going to be forgiven?

5) If we don’t file for bankruptcy what is the advantage considering we have forclosed homes on our record? I noticed all our credit card limit are getting lower and lower every month bec. of the foreclosure.

I appreciate all the help I need in this difficult times. thank you!!

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Should I file bankruptcy?

I recieved a notification in the mail that stated my wages would be garnished by a credit card company. I am currently unemployed but will be employed soon. I know they can garnish about 25% of my wages when I become employed. I owe to more than one credit card company. I owe in total about 00 to different credit card companies. Should I file bankruptcy? If not, how long will it take to have the 00 paid through garnishment?
Also I have a car loan that is completely up to date and the payments are on time. Will this eventually help me bring my credit back up?

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