Legal Question in Civil Litigation in Indiana

We have begun the process of filing bankruptcy but we are scheduled in court in a week to answer questions about our income and assets regarding a civil case from several months ago. We are concerned that the judge may order a wage garnishment that would prevent us from being able to pay our monthly bills. Is there any way to stop the garnishment if it is ordered? If the garnishment was only ordered for 10% of disposable income, it may not be so bad. Our fear is that it will be issued for the full 25% the law allows which would put us in another bad financial situation. My fiance already pays weekly child support which is taken directly out of his check but we are also responsible for paying for 50% of the transportation for visitation since the child lives out of state. If the garnishment is entered at 25%, we would not be able to afford to pay the visitation costs. Will those costs be taken into consideration by the judge since my fiance is technically legally ordered to pay that amount?

Asked on 8/11/09, 3:15 pm

1 Answer from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

The creditor is not going to care about the visitation, nor will the judge. As I stated in my prior posting to this question, you need to see whether you can make payment arrangements with the creditor in an amount that you can afford. Otherwise, you need to accelerate the bankruptcy process. You really should talk to your bankruptcuy counsel about this. He or she may have an idea or two, and may be familiar with the creditor or its attorney.

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Answered on 8/11/09, 3:45 pm

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