I JUST GOT A NOTICE OF WAGE APPLICATION FOR A DEBT THAT OCCURRED YEARS AGO. THEY ARE NOW TRYING TO EXECUTE ON THE JUDGMENT. CAN YOU HELP ME?
Steven N. Taieb, Esquire has recently helped several clients who have had judgments against them and now are having their wages threatened to be garnished.
Once you file any bankruptcy petition, the automatic stay will stop the judgment creditor from pursuing the garnishment. Even if they already started the garnishment, it will immediately stop any continuing garnishment once the bankruptcy is filed.
When you file either a Chapter 7 or Chapter 13 with TAIEBLAW, his office will immediately fax the bankruptcy papers to the creditor’s lawyers. If the creditor has knowledge of the bankruptcy and still refuses to stop the garnishment, that is a willful violation of the stay which may result in sanctions issued against the creditor. Also, if the creditor garnished over $600 within the past 90 days, Mr. Taieb has helped clients get back these payments which constitute preferences under the law.
The next question is do I file Chapter 7 or Chapter 13? Mr. Taieb will go into the whole analysis. However, regardless of whether you file a Chapter 7 or chapter 13, it will put a stay on any collection matters.
The normal rule of thumb is if you are under the median income and don’t have non-exempt assets (assets which a Chapter 7 trustee could sell), then you would be eligible for a Chapter 7. However, you must be careful to make sure your assets are all protected or exempt or a Chapter 7 trustee can sell your property. Please note you do not want to make a mistake and file the wrong bankruptcy. Thus, before you decide which bankruptcy to file, please check with TAIEBLAW.
If you have any questions concerning this matter or any other matter contact TAIEBLAW at 856-235-4994 or visit our website at TAIEBLAW.COM.
Steven N. Taieb, Esq. has been a South Jersey Bankruptcy Attorney for over 33 years and is board certified in consumer bankruptcy law by The American Board of Certification which is accredited by The American Bar Association.
We are more than happy to discuss all your options and to see if bankruptcy is the best option for you.