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Old 02-09-2009, 10:01 AM
 
1,153 posts, read 3,602,642 times
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Have a debt, they have garnished my wages, i work pt and my husband in unemployed, i am considering going bankrupt, will the wage garnishment stop if i go bankrupt.......
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Old 02-09-2009, 11:17 AM
 
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Well, that depends on what the debt is- most tax liabilities and some court judgements don't go away with bankruptcy. CC debt, etc., would, but that kind of debt normally doesn't end up garnishing wages, so I doubt that's what you're talking about.
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Old 02-10-2009, 01:54 PM
 
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Default wage garnishment........it's a credit card debt shared with grandmother......

my grandmother died about 6 years ago and we shared a credit card......my name was on it with hers (she mostly used it and wanted my name on it)......there was a balance and they've come after me for it and have now garnished my wages..........
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Old 02-10-2009, 07:31 PM
 
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Quote:
Originally Posted by deeds View Post
my grandmother died about 6 years ago and we shared a credit card......my name was on it with hers (she mostly used it and wanted my name on it)......there was a balance and they've come after me for it and have now garnished my wages..........

did you receive a summons to go to court for this debt? If so, did you go? You can go down to the court house and file a motion to reconsider the wage garnishment. On the form, you can explain to the judge your situation. Also, i would try and fight this debt. If you were never notified of a court date, you can file a motion with the court to dismiss the judgement. It will be a long and frustrating fight, but worth it in the end.

Take a look at debtorboards.com.
Good Luck
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Old 02-11-2009, 04:29 AM
 
Location: NJ
23,866 posts, read 33,554,282 times
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Quote:
Originally Posted by deeds View Post
Have a debt, they have garnished my wages, i work pt and my husband in unemployed, i am considering going bankrupt, will the wage garnishment stop if i go bankrupt.......

IMO, for one, the consequences to your credit probably wouldn't be worth it. We're talking years & years of not being able to get credit for anything.

You have to qualify to file, which you may not.

Sorry about what happened. Talk about kicking someone when they're down.

Hopefully someone else will learn a lesson from this to never cosign with anyone if you can't afford to pay the full balance if something happens.
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Old 02-11-2009, 04:36 AM
 
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Interesting- never heard of a credit card company being able to garnish wages. Most likely that debt would go away in bankruptcy, but as noted above, that's a huge 7-10 year blemish on your credit- if there's another way to go about fixing it, I'd look there first.
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Old 02-11-2009, 04:46 AM
 
Location: OH->FL->NJ
17,005 posts, read 12,589,940 times
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I knew a guy who was garnished by AMEX.

Business card. Business kaput. AMEX got a garnishment.

Kind of sounds like the OP has other issues with debt and the CC garnishment is just a nasty adder.
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Old 02-11-2009, 11:55 AM
 
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Default wage garnishment.....was notified of court date

was notified of a court date regarding wage garnishment........sent a letter saying i could not attend that day for personal reasons........nothing was rescheduled regarding the garnishment hearing........ i called the debt collector to discuss a settlement and they would not speak to me because they said an attorney called on my behalf to find out what was going on......a friend of mine who is an attorney did call regarding the issue but did not identify himself as my lawyer....the debt collector said to me on the phone that i had retained a lawyer in which i hadn't....the next think i have a wage garnisment.........
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Old 02-11-2009, 05:25 PM
 
707 posts, read 1,022,295 times
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Quote:
Originally Posted by deeds View Post
was notified of a court date regarding wage garnishment........sent a letter saying i could not attend that day for personal reasons........nothing was rescheduled regarding the garnishment hearing........ i called the debt collector to discuss a settlement and they would not speak to me because they said an attorney called on my behalf to find out what was going on......a friend of mine who is an attorney did call regarding the issue but did not identify himself as my lawyer....the debt collector said to me on the phone that i had retained a lawyer in which i hadn't....the next think i have a wage garnisment.........

so it sounds like they received a default judgment against you for not appearing in court. All is not lost, you just need to do the do diligence and file the proper motions.
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Old 02-12-2009, 08:45 AM
 
1,153 posts, read 3,602,642 times
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Default wage garnishment.......file proper motions?

what proper motions do i need to file?......thanks
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