QUESTION
Can they garnish even if my check is being garnished already?
Asked on Mar 01st, 2017 on Bankruptcy - New Jersey
More details to this question:
I filed chapter 13 three years ago. It will be done in 2 more years. I acquired high interest unsecured loans that I can't pay any longer.
7 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
at
Ronald K. Nims
Update Your Profile
There is a limit to the total amount which can be garnished.
Answered on May 24th, 2017 at 5:34 AM
If you're in chapter 13 and don't have an attorney, you should get one now because you might have created some new problems for yourself.
Answered on May 19th, 2017 at 8:36 AM
Bankruptcy Attorney serving Cleveland, OH
at
Benson Law Firm
Update Your Profile
You are not permitted to acquire new debt in a Chapter 13 case without the permission of the Court. You should discuss this with your attorney ASAP!
Answered on May 19th, 2017 at 8:35 AM
There are a lot of holes in the information you provided. 1st, if you are in Chapter 13 and took on additional debt, you violated your agreement with the court to not incur any additional debt. When the Trustee finds out, your existing case will be dismissed. 2nd, who is currently garnishing your wages? If your pay is being withheld to pay your plan, that is not considered to be a garnishment because you AUTHORIZED it by voluntarily filing Chapter 13. It sounds like you continue to be someone not willing to comply with the law, and you may have a lot to go through before you learn the hard way.
Answered on May 19th, 2017 at 8:35 AM
They can garnish 25% of your net take home pay, one creditor at a time. You may have options. Meet with an experienced BK lawyer. Good luck!
Answered on May 19th, 2017 at 8:34 AM
1 Award
A chapter 13 wage order is not a garnishment, so if your questions is whether a new creditor can garnish on top of the wage order the answer is "yes". If you are actually being garnished by something other than the chapter 13 or current child support then the answer is "no", a second garnishment can not happen at the same time.
Answered on May 19th, 2017 at 8:34 AM
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
2 Awards
First, how did you get permission from the Court to take a high interest unsecured credit card loan, while in a Chapter 13? Second, Garnishments are only done one at a time, but they wait in a line and when one ends, the next one begins, as long as they are taking out the maximum on the first garnishment.
Answered on May 18th, 2017 at 9:57 AM