QUESTION
If I go file for my bankruptcy, would that prevent them from garnishing or will it stop the garnishment if I give them notice I'm filing?
Asked on Nov 27th, 2015 on Bankruptcy - Ohio
More details to this question:
I'm looking at applying and starting jobs that are work from home and most of them are 1099 jobs as an independent contracts rather than a w-2 employee. Would that make a difference? I would ideally like to do the one I found as a w-2 employee. However, I have about $20,000 roughly to $25,000 in debt mainly credit card debt that hasn't been paid on since January 2013. Would they be able to garnish my wages?
5 ANSWERS
Filing bankruptcy will stop all these collection efforts.
Answered on Dec 10th, 2015 at 4:26 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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You must actually file a bankruptcy case to protect yourself from a garnishment.
Answered on Dec 09th, 2015 at 5:05 PM
1099 income is not considered to be wages, so as you have no wages, there would be no wages to garnish. However, a judgment creditor can attach 1099 income and the result would be much the same. If you file bankruptcy successfully, any garnishment would stop and would no longer be valid.
Answered on Dec 09th, 2015 at 5:05 PM
2 Awards
You must actually file the bankruptcy and give them a case number before the garnishment will be stopped. However, they cannot garnish until they have judgments against you, which requires a lawsuit be filed. They can garnish wages and commissions only 25%. 1099 income they can take 100%.
Answered on Dec 09th, 2015 at 3:00 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Filing bankruptcy stops all garnishments, whether you're being paid as a W-2 employee or a 1099 independent contractor.
Answered on Dec 09th, 2015 at 2:59 AM