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How to stop wage garnishment

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Patricia Felton

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Post Posted: Mon Mar 22, 2010 7:15 pm    Post subject: Filing Bankruptcy
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I will like to file bankruptcy because some one is garnishing my wages. However I have fallen behind on my house notes. My mortgage co have me on a forbearance program. Will I lose my home if I file.
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Post Posted: Tue Mar 23, 2010 2:47 am    Post subject:
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Hi Patricia,

Whether or not you lose your home would depend upon the type of bankruptcy you file. If you file Chapter 7, then you will have to include all your assets and debts in your bankruptcy filing. The trustee will look into your situation and may sell off the property in order to pay off the loan.

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Wally

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Post Posted: Sat Jul 17, 2010 10:36 pm    Post subject: how do you go about getting a stay of wage garnishment
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my writ of wage garnishment was just filed to my employer for credit card debt. the garnishment order is in mississippi. can i appeal the judgement or get a stay of gernishment through the court? i have a debt settlement company that is supposed to be taking care of this debt but the collection agency totally ignored the request and went straight to a court order.
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Post Posted: Mon Jul 19, 2010 1:26 am    Post subject:
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Hi Wally,

You may get a stay order against the wage garnishment. However, you need to contact an attorney and file a lawsuit against the creditor in this regard.

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Post Posted: Mon Jul 19, 2010 3:21 pm    Post subject:
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Adonis, I am curious to know what you think his grounds for lawsuit against a creditor might be. I don't see that at all.

Wally, the judgment was obtained either because the court found you liable in a hearing that you attended, or by default because you failed to appear. In either case, you owe the money. Now once a judgment is entered, you are required to pay according to the terms stipulated by the court. When you failed to pay, the creditor had every right to seek a garnishment of your wages. You indicated nothing that tells anyone you have reasonable grounds for a stay of the garnishment. I would suggest that most lawyers are not worth paying to seek an action that will end up as a failure.

What could possibly be the reason the stay would be granted?

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