talked myself out of it

[jwillia2000]

Hope i'm right

[MajorMike]

why did you do that??? What is the reason?

[jwillia2000]

Can't file 7, have to go 13. I don't think I'll be over the median of 48000 by year end because my income decreases dramatically in the winter. Two cars both will be paid off in 2 years, house in 5. I was considering bk because of a 10000 garnishment already paid 3 months of 800. garnishment order is for 180 days. not sure what will happen after that. don't have but about 3000 more debt that is unsecured except for 28000 student loans that aren't dischargable anyway. got those defered again till april. All my bills are current except these old debts these scavengers have bought. 2500 for lawyer, trustee payments for 5 years, No new debts for 5 years, need to buy my youngest daughter daughter a car after the oldest one is paid off in 2 years. I've got good credit with my local bank that i think would be shot with a bk. If i just bite the bullet for a few more months garnishment will be gone but chapter 13 would last at least 4 1/2 more years. I'm a single mom just tryin to do waht i can.
I don't know why I didnt think this throug before i paid that retainer. I guess because the lawyer said i could go 7 by the info i sent him.
Maybe I am wrong but it doesn't add up to me. 4 months i could do..5 years...not.

[arkienurse]

Can't file 7, have to go 13. I don't think I'll be over the median of 48000 by year end because my income decreases dramatically in the winter. Two cars both will be paid off in 2 years, house in 5. I was considering bk because of a 10000 garnishment already paid 3 months of 800. garnishment order is for 180 days. not sure what will happen after that. don't have but about 3000 more debt that is unsecured except for 28000 student loans that aren't dischargable anyway. got those defered again till april. All my bills are current except these old debts these scavengers have bought. 2500 for lawyer, trustee payments for 5 years, No new debts for 5 years, need to buy my youngest daughter daughter a car after the oldest one is paid off in 2 years. I've got good credit with my local bank that i think would be shot with a bk. If i just bite the bullet for a few more months garnishment will be gone but chapter 13 would last at least 4 1/2 more years. I'm a single mom just tryin to do waht i can.
I don't know why I didnt think this throug before i paid that retainer. I guess because the lawyer said i could go 7 by the info i sent him.
Maybe I am wrong but it doesn't add up to me. 4 months i could do..5 years...not.

So if I read your story correctly, you would only be getting rid of $13000 debt by filing 13? In that case, I think I would bite the bullet and try to hold on too.

Since you have paid the retainer already, ask the lawyer what happens when the garnishement expires. It might be possible even that the lawyer could do something about that for you.

[demismom]

I work for my Dad and we've had one employee has had several garnishments. One particular garnishment keeps showing up over and over. They are only good for 3 months at a time, here in Michigan, and then the company can file a new garnishment.

[jwillia2000]

when the garnishment expires do they have to go back to court. I wasn't served in the original judgement and did'nt even know about it until i got a letter from my employer. i'm going to request a hearing due to undue hardship to have it at least reduced if posiible. Maybe this lawyer will do something for that $ i'm sure he will keep.

[treehugger1]

Oregon also has a 90 day limitation on writs of garnishment. After 90 days, the garnishor must file for a new writ. Small claims will usually file for a writ of garnishment, and hope to see their judgment satisfied in a few months. Large debt creditors know they are at risk of "standing in line," to see only part of the writ satisfied (then they get in line again.) I've been weighing the garnishment vs 13 idea for over a year. So far, no writs! I'm working with those who will work with me, and my overall debt is beginning to decrease. Still have not filed 13. However, if you are working this angle, I would budget only for 75% (or whatever your state garnishment exemption allows) and assume 25% could be taken during any month. Also, be aware that defaulted student loans can take 15%, although this counts toward your state's maximum garnishment laws.

[GoingDown]

Can't file 7, have to go 13. I don't think I'll be over the median of 48000 by year end because my income decreases dramatically in the winter. Two cars both will be paid off in 2 years, house in 5. I was considering bk because of a 10000 garnishment already paid 3 months of 800. garnishment order is for 180 days. not sure what will happen after that. don't have but about 3000 more debt that is unsecured except for 28000 student loans that aren't dischargable anyway. got those defered again till april. All my bills are current except these old debts these scavengers have bought. 2500 for lawyer, trustee payments for 5 years, No new debts for 5 years, need to buy my youngest daughter daughter a car after the oldest one is paid off in 2 years. I've got good credit with my local bank that i think would be shot with a bk. If i just bite the bullet for a few more months garnishment will be gone but chapter 13 would last at least 4 1/2 more years. I'm a single mom just tryin to do waht i can.
I don't know why I didnt think this throug before i paid that retainer. I guess because the lawyer said i could go 7 by the info i sent him.
Maybe I am wrong but it doesn't add up to me. 4 months i could do..5 years...not.

Sounds like you would be better off not filing for BK.

It is sometimes cheaper and easier to just sit back and do nothing. They can garnish your wages, but they can't take them all. So if you can live on 75% of your wages, then doing nothing might be the easiest thing to do.

If you need to file BK later on, it's always an option for you at that time.