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Can you file bankruptcy on a garnishment?

How to fight a garnishment claim?

  • Recently, I received a garnishment letter and request to show up in court. I live in VA and I'm a single mother of 2 children. I am a waitress so I have a lower income and little to no paycheck. The garnishment claim was sent to me and my previous office employer. The debt is for around $7,000 as they continue to take me to court and attorney fees and interest are raising (this was for a car that was repossessed). I want to know if there is anything I can do in advance to avoid the garnishment or do I just go to the court hearing which is scheduled to take place in October? Obviously, I can't afford a lawyer. Should I file bankruptcy? What are my options?

  • Answer:

    If they are sending garnishment letters, they already have a judgment against you. They are now trying to get a detailed report of your job, bank, and other assets so they can collect. Be sure to show up to court and fill out the paperwork. You have no choice. If you fail to show, you can be arrested for failure to appear -- many people are finding this out the hard way. They can only garnish your wages for a max of 25% but they can take your whole bank account balance up to the amount of the debt. The judgment could be discharged in bankrutpcy but $7K is a pretty small amount to file bankruptcy.

April A at Yahoo! Answers Visit the source

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If you don't get a paycheck there's nothing to garnish; if you don't have a bank account they can't take that either. Call a bankruptcy attorney; I know you say you can't afford a lawyer but nearly all consumer bankruptcy attorneys offer free consultations and they may be able to work with you to get this taken care of.

Make no mistake, courts expect you to pay your bills. They have a garnishment against you & you need to go to court. Avoiding it will only make it worse. Forget bankruptcy, that just doesn't happen for 7k. My advice, bring proof of income, including tax forms. Show your monthly bills, rent, electric..etc. The idea is to show the court realistic numbers otherwise they use a standard percentage for the garnishment. Check the telephone book for public assistance legal advice. Note; you receive income, you therefore have a paycheck. p.s. Try to relax, don't read more into the action then necessary.

You must have some other income because how do you support 2 children on no paycheck. Whatever income you have can be garnished. If you dont have any assets and very low income, you can send the collection agency a judgment-proof letter. I dont think you have the money to file bankruptcy. The attorney fee is around $700 and the court fee $300. I consulted Legal Aid when this happened to me. They told me to send the letter and not go to court since I had no assets and low income senior. http://www.pueblo.gsa.gov/cic_text/money/fair-debt/fair-dbt.htm http://www.debt-n-credit-letters.com/Debt-Dispute/judgment-proof-letter.html

how you do NOT have a paycheck? do you get a w-2 every year? if your pay is too low, they won't be able to garnish anything - there are certain minimums they have to exempt from your paycheck just go to court and plead your case - you better be able to prove what you make on average

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