Question: My husband just found out from his job that his salary will be garnished. It's from a debt that is 4 years old. He never paid it and now the credit card company and a debt collector are going to take his salary. He said that he couldn't pay it and then he forgot about it. He lost his job and he just couldn't make payments.
He said he was never sued and that he didn't know that this would happen. We never got served any papers. But now the debt collector wants to garnish 25% of his pay. With attorney's fees, late charges and interest they say he owes over $15,000.00.
We can't afford a garnishment right now. Our daughter just started in college and if his salary is garnished then we'll have major problems. I don't know how we'll afford our house, cars and her student loans. We live in Forsyth County and my husband works in Cumming.
If we file bankruptcy will that stop the garnishment or if they have a court order will the garnishment just continue? Please stop the garnishment.
C.C. in Cumming.
Answer: If you file bankruptcy then the garnishment will stop. Either a chapter 7 or a chapter 13 will stop a garnishment. If the garnishment has not yet started, then a bankruptcy filing will ensure that it does not begin. If the garnishment has started, then a chapter 7 or chapter 13 will end the garnishment once the bankruptcy petition is filed.
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