QUESTION

If my wages are being garnished due to a judgment from past credit card debt can I declare bankruptcy?

Asked on Dec 01st, 2012 on Bankruptcy - New Jersey
More details to this question:
The credit card debt is about 10 years old. The original debt was around 4,000 and is now up to over 10,000. I have a few other debts, a couple thousand. I make $400 a week and they are taking $100 of that a week. Will declaring bankruptcy give me a clean slate?
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18 ANSWERS

Bankruptcy Attorney serving Livonia, MI at Charles J. Schneider, P.C.
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Yes.
Answered on Apr 11th, 2013 at 2:31 PM

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Bankruptcy is for people to have fresh start when they are unable to pay their bills. If you are at that stage, bankruptcy gives you the opportunity to start over. But, before starting, remember to take a required course.
Answered on Dec 05th, 2012 at 7:49 PM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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Yes, bankruptcy can give you a fresh start and a clean slate.
Answered on Dec 05th, 2012 at 4:02 PM

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Bankruptcy Attorney serving Plantation, FL at Moffa & Breuer, PLLC
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You sound like an ideal candidate for a bankruptcy case. A discharge will give you a clean slate. Contact a professional bankruptcy attorney.
Answered on Dec 04th, 2012 at 4:54 AM

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Construction Litigation Attorney serving Mission Viejo, CA at Law Office of Christian F. Paul
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The short answer is, Yes, you are allowed to file a petition for bankruptcy protection. The question is whether that is the wisest course for you. Bankruptcy allows the honest debtor to get a discharge of his debts so that he gets a fresh start instead of living forever overwhelmed by the debts. If this judgment against you is not for some intentional wrong, then likely it will be discharged in bankruptcy, along with your other ordinary debts (credit card bills, medical bills, etc.). Your total debts are not very high, from what you said, but then, neither is your income, so that is something to consider in determining what you should do. To get the right advice for your particular circumstances, you should visit a local bankruptcy attorney (many give a free consultation), taking with you proof of your earnings, your most recent tax returns, the judgment and garnishment papers, a list of your monthly expenses, your property deeds and vehicle registration papers, your most recent bank statements, and the most recent bills you have or a recent credit report. This answer is based on very limited information and cannot be considered specific legal advice. No attorney-client relationship is intended or created.
Answered on Dec 04th, 2012 at 4:53 AM

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Probate and Estate Planning Attorney serving Harrison, MI at David T. McAndrew, Attorney at Law
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Yes, bankruptcy will stop further garnishments. They are taking the maximum from your check that they are permitted. Filing Chapter 7, if eligible will stop that and eventually discharge the judgment.
Answered on Dec 04th, 2012 at 4:52 AM

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Yes talk to a bankruptcy attorney.
Answered on Dec 04th, 2012 at 4:52 AM

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Business Litigation Attorney serving Orange, CA at Law Offices of Frank Granato
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Yes, you may be able to discharge all debt.
Answered on Dec 04th, 2012 at 4:51 AM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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Most likely you can eliminate this court judgment through a bankruptcy. If the judgment were related to a criminal offense, such as drunk driving, a barroom brawl, or some other intentional act, rather than just an everyday debt, there could be a problem eliminating it through bankruptcy.
Answered on Dec 03rd, 2012 at 2:20 PM

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William H. Von Willer
If you meet the other bankruptcy requirements, you should be able to file. However, your debt is not that substantial and bankruptcy may not be the best option.
Answered on Dec 03rd, 2012 at 1:49 PM

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Bankruptcy Attorney serving Kalamazoo, MI at Debt Relief Law Center
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Assuming you are eligible for a Chapter 7 (not too much income, not too much in assets), a Chapter 7 would Discharge this debt, even if it is in the garnishment stages.
Answered on Dec 03rd, 2012 at 1:15 PM

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Bankruptcy Attorney serving Overland Park, KS at The Smalley Law Firm, LLC
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Yes, declaring bankruptcy will stop wage garnishment and can discharge unsecured debts such as credit cards. I suggest you consult with an attorney to discuss the specific details of your situation. I offer a free consultation.
Answered on Dec 03rd, 2012 at 1:14 PM

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Daniel James Wilson
Yes! A bankruptcy will stop garnishment and if you get a discharge will do away with the judgment and the underlying debt.
Answered on Dec 03rd, 2012 at 1:07 PM

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Yes. It's very possible that the only way to stop your garnishment would be with a bankruptcy.
Answered on Dec 03rd, 2012 at 12:51 PM

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Bankruptcy Attorney serving Phoenix, AZ at Law Office of D. L. Drain, P.A.
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Yes it should. Please understand that filing for bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy. I am attaching a link to some free videos that explain how bankruptcy works. http://www.dianedrain.com/Bankruptcy/BankruptcyQuestionnaires/BKQuestionnaireInd.htm. There is no cost for the initial discussion. Please take time to educate yourself about bankruptcy and to determine which attorney is the best to assist you in the process. Don't assume the attorney is being completely honest about their experience and capabilities. Check them out. Avoid the attorneys who advertise on TV or profess a 100% success rate in their Internet ads. It costs hundreds or thousands of dollars for these ads and someone has to pay for them - the clients. These attorneys mass produce the work and do not offer the client the hands on assistance that is necessary in a well-planned bankruptcy. Normally these firms assign all or most of the work to paralegals and the client rarely talks to an attorney. When interviewing the attorney ask them how long they have practiced bankruptcy law. Ask what percentage of their practice is focused on consumer work. Ask whether they are experienced in both chapter 7 and chapter 13 cases. Ask the attorney for references. Ask about their policy of returning phone calls. They should be committed to answering specific questions about your situation and help you understand your options. If, after talking with them you are still confused about the issues you raised, find another attorney. Check them out with the various ranking sources: such as www.AVVO.com, and the State Bar. An attorney is should be your guide through this process. They should educate you, be there to assist you in how to avoid pitfalls and help you plan for your future after bankruptcy. There are hundreds of "bankruptcy" attorneys in Arizona. Of those just a few will fit the criteria set forth above. Again, bankruptcy is a very complicated process and you want to use an attorney who will be there when you need them. My best to you.
Answered on Dec 03rd, 2012 at 12:51 PM

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Bankruptcy Attorney serving Beverly Hills, CA
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Yes, you can! Filing bankruptcy stops wage garnishments and wipes out credit cards debts.
Answered on Dec 03rd, 2012 at 12:49 PM

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Bankruptcy Law Business Attorney serving Asheville, NC
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Garnishment of wages for credit card debt is not allowed in North Carolina.
Answered on Dec 03rd, 2012 at 12:48 PM

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Bankruptcy Law Attorney serving Livingston, NJ
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In NJ it will be of assistance to you
Answered on Dec 03rd, 2012 at 12:48 PM

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