QUESTION
If the state is garnishing my wages, will bankruptcy stop the garnishment?
Asked on Oct 31st, 2013 on Bankruptcy - New Jersey
More details to this question:
I had a judgement against me and my ex-girlfriend for back pay from child care assistance she received for a couple years adding up 23k. I never received any kind of notice for court appearance or chance to answer because it was all under her name and she was the one that lied to social services about her living situation at that time. Do I have any recourse or will bankruptcy stop the garnishment?
6 ANSWERS
Debt Settlement Attorney serving Chicago, IL
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Law Offices of Daniel J. Winter
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Generally, garnishments for child support or other reimbursement to the state for support cannot be stopped by a bankruptcy. However, it really depends on all of the facts of your situation. You can try to dispute the charges by getting an attorney to fight them in the state court where they were charged. Or, you can discuss all of the facts with a bankruptcy attorney to clarify the situation. But, it would be very difficult to do this without an attorney.
Answered on Nov 06th, 2013 at 8:07 AM
If you file a Chapter 13, you can put that debt into the plan to be paid back. It does not appear to be a dischargeable debt from your description. But, it could be handled through a bankruptcy plan with payments that might be easier for you. Talk to a bankruptcy attorney, to verify whether the debt dischargeable or not and assuming it is not dischargeable, what your payments would be in a chapter 13.
Answered on Nov 06th, 2013 at 5:58 AM
Chapter 7 Bankruptcy Attorney serving Huntington Beach, CA
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Law Offices of Robert Parkinson Taylor
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I'm not exactly sure what's going on here. However, unless the judgment is child or spousal support related, filing a bankruptcy should stop the garnishment. However, if the underlying debt turns out to be nonchargeable, the creditor can restart the wage garnishment after your bankruptcy is closed. You should definitely seek a free consultation with a qualified bankruptcy attorney. 962-1892
Answered on Nov 01st, 2013 at 6:42 PM
Filing bankruptcy can temporarily stop a wage garnishment for child support but any reprieve will only be temporary.
Answered on Nov 01st, 2013 at 5:58 PM
Deborah F. Bowinski
You really should speak with an attorney with all your paperwork in hand. Something is not sounding quite right. If it is truly your ex- girlfriend's obligation then it does not make sense that your wages are being garnished. If the children are yours, then you are responsible for their support and that could explain things. If the children are not yours then it sounds as though something else may be going on.
Answered on Nov 01st, 2013 at 5:27 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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Bankruptcy could stop it.
Answered on Nov 01st, 2013 at 5:26 PM