Feel like quiting!

[Freddy03]

Just venting b/c I'm sure there is nothing I can do at this point.

Well Case #2 filed a writ of garnishment for my husband today I guess they weren't going to wait like they said they would (shocker).

Now since my husband's car broke down twice this month. I won't be able to file until May. I would have like to file in July when his bonus won't effect our DMI but that looks like it won't happen.

So now they are going to garnish I believe 25% of his take home pay and that's going to hurt us big time

I'm so confused right now

[tobee43]

ahhhhhhhhhh freddy!!

i'm so sorry!!!!

no way to stop this???? what does your atty say??? this is so upsetting i know. i know i'm upset, so i just can't imagine how you're feeling...

wish there was something that can be done!!

[Freddy03]

ahhhhhhhhhh freddy!!

i'm so sorry!!!!

no way to stop this???? what does your atty say??? this is so upsetting i know. i know i'm upset, so i just can't imagine how you're feeling...

wish there was something that can be done!!

Thanks - I have a call into my attorney office this morning to see if anything can be done.

[tobee43]

really freddy....you're thread or your post just went through me like an arrow...you have been here for so many and i just HATE you are having to go through this..

[Freddy03]

I hate it too. I feel like a complete loser

Does anyone know how garnishments work and BK? I mean if the trustee sees that they are garnishing about $500 a month than wouldn't that mean I could afford a 13? And when does the garnishment stop -when I file or after discharge?

I really don't know what we are going to do with the missing $500 a month. I guess I won't be able to pay my HELOC and be behind going to to BK.

This really sucks!!

[IamOld]

I hate it too. I feel like a complete loser

Does anyone know how garnishments work and BK? I mean if the trustee sees that they are garnishing about $500 a month than wouldn't that mean I could afford a 13? And when does the garnishment stop -when I file or after discharge?

I really don't know what we are going to do with the missing $500 a month. I guess I won't be able to pay my HELOC and be behind going to to BK.

This really sucks!!

Freddie I'm so sorry - (I think I'll be joining you in a month or two) BUT the INSTANT you file, the garnishments must stop. SO if payday is say April 1st, right, and you file ON April 1st, and you can get the filing to your HR even of course since payroll is done, UNLESS they've already mailed the money out the **&&^& garnhisers, they have to give that money back...

Ch 13 should be FAR FAR FAR better (I hope - since I may be there too :-) than garnishment...and I know your atty and others will chime in, protect your bank account!!!

[tobee43]

Freddie I'm so sorry - (I think I'll be joining you in a month or two) BUT the INSTANT you file, the garnishments must stop. SO if payday is say April 1st, right, and you file ON April 1st, and you can get the filing to your HR even of course since payroll is done, UNLESS they've already mailed the money out the **&&^& garnhisers, they have to give that money back...

Ch 13 should be FAR FAR FAR better (I hope - since I may be there too :-) than garnishment...and I know your atty and others will chime in, protect your bank account!!!

that's what i would think as well??? i mean, i would post this question here on this part of the forum...:

http://www.bkforum.com/forumdisplay.php?45-Tax-Law-Wage-Garnishment-Liens

maybe someone may be able to give you more insight?????

[corrin69]

Check into the garnishment procedure. You maybe able to stall the garnishment by requesting a hearing and pleading a hardship. Also, try contacting the lawyer that filed the writ of garnishment. You may be able to convince him/her to hold off for a little bit of time. This happened to me before I filed and I was able to keep the ball in the air for some time while I was "reviewing my financial situation" to see if I could come up with the money.

Also, even though the motion may be scheduled for a certain day, that does not mean that the garnishment will start the next day. The following delays are likely:
1. the judge may not sign and mail the order to the lawyer right away.
2. once the lawyer receives the order, he/she may not send it to your employer right away.
3. once your employer receives it, it probably can hold it for at least one pay period before implementing it.
I filed my BK peititon almost 6 weeks after one of the garnishment motions was returnable. Neither I nor my employer every saw the signed garnishment order.

[Freddy03]

Thanks Corrin

I just called the attorney who filed the garnishment and they won't speak to me b/c I have retained a lawyer for BK. So they said I could have my attorney call them. I left my attorney another message to call me asap.

My husband called his HR dept to see if they received the garnishment yet. They have to get back to him.

[daylate]

I would think the garnishment amount and a Chapter 13 are not related in that the garnisher doesn't care about what you have left. They just take what they can. If you have legitimate expenses on Schedulle J that should be enough. Good luck.

[JEM]

Awww that stinks. I'm so sorry.

Is there ANYTHING you can sell to get the money to your attorney to file? Vacation days? Anything you can throw up on Craigslist or eBay? Have an impromtu garage sale over the weekend?