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Expert: Creditwrench - 9/6/2009


Question
I just recieved a letter from Ford saying they were going to garnish my checking account and wanted me to fill out all the boxes of what I own and what goes into my bank account. I am in the process of filing bankruptcy and am 60 dollars short of the lawer fee's which I am waiting on my next paycheck to pay. What can I do to delay this garnishment by 6 days so I have the money to pay the lawer and they can put a stop to this?

Answer

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Too bad you wasted your money on a lawyer and BK. Did you ask him whether or not BK will stop a garnishment due to a judgment or get rid of the judgment? I really don't know much about BK but I've been told several times that BK does not stop a garnishment. Will you be so kind as to ask your lawyer that question and let me know what he says? Ask him to show you where in the federal bankruptcy code it says that judgments and garnishment are stopped when you file BK or that they are cancelled once BK is approved in the case. Don't take his word for it. Make him show it to you in the statutes if he says it will be stopped when you file. If it won't then you might as well save your 6 bucks plus a lot more in the future. On the other hand I know how to stop the garnishment cold if you can come up with the money to do it quickly. On the other hand, I wouldn't worry about the 6 days because you have a time limit before you have to respond to those questions and I can probably teach you how to respond to them in such a way as to be much less informative than they would like. In some rare cases I can show you how to tell them to stick it where the sun don't shine and there would be nothing they can do about it. You must be living on a pension to be able to do that however. There are other things that you can do to slow them down or stop them without filing BK. One thing is to be sure to immediately get any and all money out of any and all bank accounts you may have. Quit using banks. If you have a job then tell your boss to pay you with paper checks and not with electronic transfers. Then let them garnish your empty bank accounts. You could file a motion for injunctive relief from having to answer their questions or at least some of them. Even if the judge denies your motion you certainly would gain more than 6 days time before your motion could be heard. I'd even be willing to bet I can find causes of action that you can use to file a federal case against them and that would put a big hitch in their git-along. Might even get rid of them once and for all. If you are bound and determined to file BK even if you find out that BK won't stop their garnishment you don't have to worry much about the 6 days. Just don't answer them for at least 6 days unless you have already run out of time. If you want help filling out that paperwork and answering all their questions in the least damaging way let me know and I'll do that for free. No problem. Just call me at (405) 237-2174.  

Creditwrench

Expertise

Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.

Experience

I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.

Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.

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