Legal Question in Credit and Debt Law in California

Ive been sued from a creditor and now they are about to start garnishin my wages. I cant even afford it to began with.but i did file banckruptcy about 9 years ago and i have no idea were this credit card came from or why i didnt get added to my bankruptcy in the first place. Please help me with any advise you can give me! Thank you.

Asked on 8/28/13, 5:06 pm

1 Answer from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

Your question is missing some key information. It sounds like you either lost the lawsuit or ignored it. If it was discharged in bankruptcy, you would normally assert this as a defense or move to reopen the bankruptcy to ask the bankruptcy judge to impose sanctions on the creditor for pursuing the issue.

The lawsuit probably had a copy of the credit card agreement and/or statements attached to it. It probably had a partial account number and other info that should have allowed you to identify what creditor it was and whether or not that they had you confused with somebody else. But the court has ruled that you owe the money.

You have several options: (1) if this was a default judgment, file a motion to set it aside and fight for a ruling that it isn't your debt; (2) file a claim of exemption to stop or lower the wage garnishment; (3) see a bankruptcy attorney about your options, including checking to see if the debt was discharged in the prior case or filing a new or; and (4) negotiating a payment plan.

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Answered on 8/29/13, 9:26 am

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