Threat of Wage Garnishment what now

[b_girl]

So you don't have to be current on your mortgage? That is news to me...my attorney told me that. If you're keeping your home, it might make re-affing it a tad hard if you can't stay current (and I don't mean a little late, I mean a month or so late.)

[Mark80]

The only reason I was hoping this could be avoided is my Attorney has asked only for 1 bank statement to file, from the month I file. I was thinking if no payments showed on this statement to them no one would know. Obviously this is a little risky on my part and I should not do that. Just explaining my reasoning behind it.

[Mark80]

Just an update:

Wells Fargo just called me back after flipping out on me yesterday.A different guy and was trying to get me to do a 4 month plan to catch up the accounts. Being all nice offering "assistance". I thanked him and was all nice and said I would let him know in the next few days what my Attorney says I can do!

I pay my retainer fee tonight! So now atleast I can forward people to him!

[ChaseSucks]

So you don't have to be current on your mortgage? That is news to me...my attorney told me that. If you're keeping your home, it might make re-affing it a tad hard if you can't stay current (and I don't mean a little late, I mean a month or so late.)

You will need to bring it current before discharge and or before the mortgage company will agree to it, plus the trustee and or judge would not accept it anyway if it wasn't up to date because you obviously can be certified as being able to handle it. If you can't get it reaffirmed just keep paying and bring it up to current as fast as you can. They can't kick you out if you are current. If you use a lawyer he or she has to certify that you can handle it with no problem. If he can't he won't certify it, because he is liable to some degree.

[JRScott]

So you don't have to be current on your mortgage? That is news to me...my attorney told me that. If you're keeping your home, it might make re-affing it a tad hard if you can't stay current (and I don't mean a little late, I mean a month or so late.)

It is best to be current at the time of filing. If you do file and are not current you must become current before the 341 or before the mortgage company files a motion of relief from stay whichever happens first. That is why it is better to be current at filing because you can't predict how long it will take the mortgage company.

[Mark80]

I will take everyones advice and hold off to file until my mortgage is caught up. Good thing is I'm not months behind, so I should be on track by mid october.

[Mark80]

Not to rehash this old topic but I had one more quick question about wage garnishment. Since I'm holding out as long as I can, how do you get notified that your getting sued? Does a sherrif show up at your work to serve papers or do you get a registered letter in the mail?

Since I'm hiding this from my employer I didn't want the cops showing up all of a sudden and having to explain whats going on.

Anyhow once this happens I am filing right away to stop it from going through, but currently I am trying to buy time to catch up my house payment.

Also does:

Wage Garnishment and Bankruptcy Exemptions -- Missouri
WAGE GARNISHMENT EXEMPTIONS: 90% of weekly net earnings if head of household; if single without dependents, 75%

mean that I can only be garnished a max of 10% of my weekly net earnings (after taxes) by all creditors combined?

[Banko]

How far past due on the WF card are you? It is not a huge outstanding amount they will not do anything until it is close to charging off, which can vary from 210 days past due to 270. Of course like everyone says on here that each case is different. I am just going by experience working in collections. Good luck!

[Mark80]

Last payment due was July 7th, so its been 60 days about. I owe 4,300 on one and 4,100 on the other account with them. I told them I was filing bankruptcy and gave them my Attorneys number.

How long would you say I have before something happens, and when it does will a cop show up here or do they serve the announcement to my home?

[FLBK7]

Mark,

It's actually good that you haven't paid your parents for a couple months. Do NOT pay them the $900 in September though, or that would get you in trouble due to insider/preferential payments within 90 days of bankruptcy. If I were you, I'd come clean with the parents and tell them that although they will appear as a "creditor" in your BK papers, you fully intend to pay them AFTER your discharge.

And by all means, please tell your attorney about this issue!!!!!!

[JRScott]

Long before you get a garnishment they'll have to establish you owe the debt, called a judgment.

You would be served papers by the sheriff's office in most jurisdictions in this case. However 60 days isn't long enough, it would take about 6 months of non payment minimum.

Additionally as FLB says do not pay your parents anything they are insiders.

[Mark80]

I had a someone call my employer yesterday and request a verification of employment. Now I bought a replacement auto last weekend and got approved when my work was closed. So I am thinking it just took the loan company abit to tie up lose ends of the loan. However being as paranoid as I am I was wondering this morning if it could of been a creditor gearing up for a wage garnishment!

Do they usually do this just before?