Creditors and Bankruptcy/garnishment

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Question
Hi.  Can you tell me how a nonperiodic wage garnishment works?  Does that mean that any money that is put into the account is automatically taken about the person who is owed the money?  Thanks

Answer
thanks for your positive rating     as we discussed, depending on your specific situation it may be possible to immediately stop the garnishment, whether it is nonperiodic or not.   btw, a periodic garnishment in some states typically refers to a garnishment that does not continue to operate every time you get paid.    the employer is only ordered to take out the amount garnished one time, up to a specified limit which is stated in federal law.    On the other hand, if a state permits a periodic wage garnishment, the garnishor does not have to keep going back to court to get successive garnishment orders.

if your wages as being garnished, if you filed a bankruptcy petition with the court, your employer would have a federal court injunction (order) to STOP any bill collection efforts immediately.     whether this is practical or not depends on your particular situation, but most bankruptcy filings do NOT involve the debtor / garnishee losing anything and it would preserve the full amount of your paycheck for you to receive   insofar as the cost of filing for bankruptcy goes, if your income is at a certain level, the filing fee of 335 could be waived.    attorney fees for a chapter 7 are usually about 1,000 or more.    if I did it for you, I would charge you 300.   the effect of the bankruptcy would be to completely discharge the amount of the judgment (depending on what the basis for the judgment was s- credit card, lawsuit, etc) and any other unsecured, nonpriority debts that you have,    like credit card debt, medical bills, utilities like water and electric, etc).

you can call me whenever you want to discuss this further.

John (Jack) Hall, J.D.
915  261-3893     

   

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Creditors and Bankruptcy

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Expertise

Can answer questions about bankruptcy, lawsuits or judgments that have been filed against you. Also can answer questions about tax issues, property that is facing foreclosure, repossession of vehicles, and wage garnishments. 915 261-3893

Experience

Over 30 years experience assisting consumers with lawsuits and bankruptcy matters since graduating from law school.

Publications
Numerous published appellate court opinions; Law review publications; Article on consumer bankruptcy in Black Enterprise magazine; was requested to author a book on consumer bankruptcy by Doubleday Publishers

Education/Credentials
Over twenty years of education including law degree (J.D.); masters and bachelors degrees in political science; author of magazine articles related to consumer bankruptcy; hundreds of hours of continuing education legal education and seminars

Past/Present Clients
Have had well over a thousand bankruptcy clients during the past 30 years and have had many clients in civil lawsuits during the same time period

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