QUESTION

What is my recourse after wage garnishment for a car repossession?

Asked on Jun 17th, 2012 on Bankruptcy - Florida
More details to this question:
I have a wage garnishment from a car repossession in NY and I now live in NC. When I researched the laws for garnishment, it stated the debtor had to contact me prior to garnishment and that did not happen. What is my recourse? I also intend to file for bankruptcy.
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4 ANSWERS

If you file for bankruptcy that will solve your problem immediately.
Answered on Jun 29th, 2013 at 1:46 AM

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File for bankruptcy. That will stop all collection proceedings.
Answered on Jun 29th, 2013 at 1:40 AM

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Mobile Home Law Attorney serving San Juan Capistrano, CA at Corfield Feld LLP
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If you're planning on filing bankruptcy, I'd handle the garnishment that way. You can petition the court that issued the judgment, but that will take time and money, especially since you're in a different state. The sooner you can file the bankruptcy the better. Sometimes if the wage garnishment funds have not been distributed to the creditor, they can be pulled back into the bankruptcy and potentially returned to you.
Answered on Jun 27th, 2012 at 2:46 PM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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You live in NC and should consult with a bankruptcy attorney in your state. Florida attorneys do not know the law in NC and cannot give you legal advice concerning it. When you file a bankruptcy, regardless of the state you are in, a federal law comes into effect which prevents a creditor from proceeding with a state court action that has already been filed, or filing suit against you. They cannot try to collect money from you, but they have to have notice of the date, case number, and chapter concerning the filing of the bankruptcy petition. This is usually done by filing a "suggestion of bankruptcy" in the appropriate state court.
Answered on Jun 26th, 2012 at 4:36 PM

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