Creditors who pass to attorneys -

[NEWBIE911]

Does anyone know what type of action can be taken to protect against garnishment attempt , judgements, etc for attorneys and collection agencies that now have the debt from creditors?

Is there a risk if one creditor pass the debt to an attorney for collection before the petition of bankruptcy was filed?

[optimistic1]

The only thing that can protect you, is the automatic stay, which takes place when you file a Chapter 7 or 13.

In terms of the risk, I dont really know, but I would say, if it is passed to an attorney, you need to get ready to show up for court.

Check your local garnishment laws to see what is the maximum allowable percentage of your income that they can garnish.

Either hurry up, and file, thus protecting you, or go to court, and even if they win, they will still have to fill out paperwork for filing a garnishment.

Call the attorney that is assigned to that debt, and let them know that you are going to be filing for bankruptcy soon, they may not even bother.

But, I am not an expert, so let the forum or moderators help you out.

Question,

How long has it been since you stopped paying on the creditor debt before they sent it to a collection agency and then an attorney?

I need to know this.

[NEWBIE911]

The only thing that can protect you, is the automatic stay, which takes place when you file a Chapter 7 or 13.

In terms of the risk, I dont really know, but I would say, if it is passed to an attorney, you need to get ready to show up for court.

Check your local garnishment laws to see what is the maximum allowable percentage of your income that they can garnish.

Either hurry up, and file, thus protecting you, or go to court, and even if they win, they will still have to fill out paperwork for filing a garnishment.

Call the attorney that is assigned to that debt, and let them know that you are going to be filing for bankruptcy soon, they may not even bother.

But, I am not an expert, so let the forum or moderators help you out.

Question,

How long has it been since you stopped paying on the creditor debt before they sent it to a collection agency and then an attorney?

I need to know this.

Most are starting to go to attorneys now - I filed the petition beginning of Dec so I hat the auto stay enabled. There are one or two that went 120 days - so those were passed to attorneys before I filed. My attorney says not to worry - just don't ant the added headache of fighting these attorneys

[optimistic1]

Which companies where they?

[NEWBIE911]

Which companies where they?

AMEX business passed the debt right away -