Legal Question in Bankruptcy in California
I was given papers at work yesterday to garnish my wages. It is from a credit card debt that many, many years ago I let someone use my card, they ran it up and never paid it and I refused to pay it. It started at about 4 or 5 thousand dollars. Maybe not that much. Anyway it says judgement entered on 3/26/1999 for $14,314.33 with interest & fees now it is $24,304.91. My question is can I file bankruptcy (because I have other debt) and include this with it?
4 Answers from Attorneys
You can include the judgment in the bankruptcy and filing bankruptcy will stop the garnishment immediately. A good lawyer can also recover any funds garnished within 60-90 days of filing. So if they take your money and you file a month later, your lawyer can recover those funds. Make sure your lawyer knows about the garnishment so s/he can 'exempt' those funds and protect them from your creditors and the trustee.
Yes, the judgement gets discharged with the rest of your debts.
I can get you a 50% reduction on Chapter 7 fee's, and we have local counsel in your area for your 341 hearing. http://www.absolutebankruptcy.org
You certainly can file a bankruptcy to address this debt. You may consider obtaining an experienced bankruptcy attorney in you area to discuss.
A automatic stay from filing bankruptcy will stop the wage garnishment and you might even be able to recover the garnished funds later. A bankruptcy discharge will permanently get rid of the judgment and stop future collection efforts. You should consult an experienced bankruptcy as soon as possible.
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