Collections Law/Garnishment

Advertisement

Expert: Michael Brotherton - 7/30/2008


Question
My wife and I are going to be divorced. She will file Bankruptcy and be released from the Mortgage. I am disabled, but still being payed. I make too much to satisfy the means test to file Bankruptcy myself, but too little to afford the mortgage payment and all other living expenses that go along with a large house here in Florida. Can the bank garnish my disability wages? Thank you for any help.
Travis

Answer
Hi Travis, No, the creditor cannot garnishee your disability. And it probably wouldn't get to that point anyway. If you cannot afford your mortgage you may be able to get an interest rate reduction that could reduce payments. You will need to go through the mitigation department and will have to modify the loan. This is a long process but can be well worth the effort. I would be happy to assist if you need help dealing with your situation. Call me at 937 372 8581 or  e-mail me at mike@financialemergency.com.

Collections Law

All Answers

Answers by Expert:

Ask Experts

Volunteer

Michael Brotherton

Expertise

Consumer/Debtor Rights Advocate. Mike Brotherton is a negotiator with over 30 years experience in consumer lending and collections. Mike has 30 years in the credit and collections industry as a former loan officer, debt collector and manager of two finance companies over several years. Mike is well versed in Loss Mitigation practices and the legal collection process. He has helped literally thousands of people over many years overcome serious financial problems such as foreclosure, creditor lawsuits and abuse by debt collectors. For more information about resolving your "financial emergency" visit www.financialemergency.com. FinancialEmergency.com is a consumer web site which actively promotes Fair Debt Collection Practices and other consumer protection laws. We teach DEBTOR RIGHTS and enforcement of those rights. The more informed you are of your rights and the credit collections practices of creditors the more peace you can have dealing with your FINANCIAL EMERGENCY. Most financial problems are fairly common and as such have some very common solutions. The key is understanding your rights in the collection process and how to enforce them if need be. Primary business- Debtor Rights Advocacy and Debt Mitigation relating to foreclosure, creditor lawsuits, and other serious financial problems. www.financialemergency.com (copy and paste in browser).

Experience

Over 40 years combined experience negotiating disputes and resolving financial issues related to consumer debt, corporate issues and mortgage modifications.

©2012 About.com, a part of The New York Times Company. All rights reserved.