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Can you file bankruptcy on a garnishment?

Bankruptcy and Wage Garnishment?

  • I have tried every way possible to work out a wage garnishment with the CA EDD and they refuse to take anything less than 10% of my paycheck. I am about to lose my house because it has hurt me really bad and I have already had over $700 stripped off my check. They told me I pay too much for rent (in southern Cali?? hello???) and that me supporting my mother is not their problem. But she watches my kids while I work! What, am I supposed to put her on the street at night? Not feed her?? My question is: can I file bankruptcy? Will that stop this wage garnishment? If so, how fast will it go into effect?

  • Answer:

    Well, before the bankruptcy laws were dramatically revised, EDD matters could be wiped out with a bankruptcy. But I have no idea how bankruptcies are handled nowadays -- you should schedule a consultation with an attorney specializing in bankruptcy. Barring that, try using the term "financial hardship" with the EDD. That's kind of a 'magic phrase' with the IRS and the State to get them to back off some more -- since they're supposedly prevented from making your life a living hell. Anyway, perhaps it would work in getting the EDD to be a little more lenient and cooperative. I'm actually on unemployment right now, so I know precisely how rude and uncooperative those employees can be. It's the ultimate in bureaucracy -- they literally do not care anything about your humanity.

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In that case I would talk to a lawyer, if you file for bankruptcy you can get partial relief or full depends on if you go chapter 7 or chapter 13, if you file for bankruptcy that will stop all collection except for anything federal.(that would have taken your income tax and rebate checks)..if it is over unemployment, that is state and I would have to think that state would be the same as federal. It is pretty hard to fraudulently collect unemployment money because unemployment has to go thru the company that laid you off or fired you....if it were me, I would pay the consult fee and sees what a lawyer has to say. you can file bankruptcy for around 1500 dollars. or it can be consolidated and taken from your check...that would be the total you owe and the lawyer fees....in one set amount....but I am in Ohio, and that is how it works here, I don't know how different it is in Ca.

Jessie is a Hardy fan

I would talk to a bankruptcy attorney, at least. Look for firms that offer free consultations and go from there. They may have an idea of where to direct you for help if they are unable to work for you themselves. Good luck to you, doll. That is sucky.

chacha

You may be able to file bankruptcy. However, it may not take care of the unemployment wages that were "fraudulently" filed. Bankruptcy can usually stop wage garnishments and even if they don't file the bankruptcy until after they start garnishing, they can usually get the money back that they garnished. I would speak with a bankruptcy attorney to see what your options are.

SweetPea111881

Sorry you are going through this.You can get a free consultation with a Bankruptcy lawyer and they will tell you what is right for you.I wish you luck;)

superstar

nope, a student loan through the government never goes away, even if you file bankruptcy. sorry.

Nicole D

lightning has struck at your location

Billie

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