Recently in Creditors Category

Can Two Creditors Garnish Up to 50% of Your Take-Home Pay?

iStock_000007320537XSmall.jpgUsually, when a person is sued by a creditor or is served with a garnishment order, a debtor/employee's first recourse is to contact a bankruptcy attorney, requesting that the attorney file a Chapter 7 or Chapter 13 bankruptcy petition on their behalf. While bankruptcy, is no doubt, an efficient and effective means of eliminating a wage-garnishment order, it's not always a feasible option. As I stated in "What Are All My Options For Dealing With my Overwhelming Debt?" blog post, one-size does not fit all. Specifically, there are many reasons a debtor-employee would not wish to file bankruptcy. For example, the employee-debtor has no other debt or is judgment proof. It may surprise many readers to learn that sometimes, challenging a wage-garnishment is better than filing bankruptcy, especially if they are able to challenge a wage-garnishment order--and win; or, challenge a wage-garnishment order and pay but a small fraction of the original wage-garnishment order amount. The next question is this: if a second judgment-creditor attempts to garnish an employee-debtor's wages, is it time for the debtor-employee to file bankruptcy--for fear the second creditor will also seek an additional 25% of the employee-debtor's take home pay, for a total of 50%?

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"What Are All My Options For Dealing With My Overwhelming Debt?"

Thumbnail image for Thumbnail image for question-mark[1].jpgThe inspiration for my blogs come from many sources--reading questions asked on various websites--from callers at the Law Office of Linda C. Garrett, an online virtual law office, providing full-scope and limited-scope legal services in the practice areas of consumer law, mortgages (HAMP), bankruptcy and family-law; and, from other sources. A common question, to which there is a plethora of information, is what are a debtor's options when they have mounting consuming debts? Of course, a debtor has options. The problem, however, is this: what options are right for them! Just as each person is different, so are the options available to them. Let's explore these options.

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"My Wages Were Just Garnished! Is Filing Bankruptcy The Only Way To Stop My Wages From Being Garnished?"

iStock_000017413305XSmall.jpgAt the Law Office of Linda C. Garrett, a virtual online law office, providing full-scope and limited-scope legal services in the practice areas of consumer law, bankruptcy, mortgage (HAMP) and family law, I receive about one to two calls per month about wage-garnishment issues. The next statement that usually comes out of the prospective client's mouth, after they have informed me that they just learned their wages were garnished, is, "what's the soonest I can file bankruptcy?" As all my clients know, I only recommend bankruptcy when it is necessary. For me, bankruptcy is necessary only when the person has no other option to stop the garnishment. For many individuals, they are surprised to learn that they can stop the wage garnishment without filing bankruptcy. It is possible? Yes, it is!

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"What Does the Term 'Judgment Proof' Really Mean and Should I File Bankruptcy if I am Judgment-Proof?"

images[9].jpgBy 2008, resulting from the drecession, I was receiving approximately, 20 calls per month from individuals requesting that I file a Chapter 7 or Chapter 13 bankruptcy on their behalf because they were, amongst other things, being harassed by their creditors. At the Law Office of Linda C. Garrett, an online virtual law office, providing full-scope and limited-scope legal services in the practice areas of consumer law, mortgage and HAMP law, bankruptcy law and family law (to include unbundled legal services), I always caution my clients against making bankruptcy their first option--and instead, ask that they consider it their last option.

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Start 2012 Off Right--Take the Financial Budget Test

iStock_000017190002XSmall.jpgAt the Law Office of Linda C. Garrett, an online virtual consumer, bankruptcy and family practice, I receive numerous questions regarding financial matter to include issues relating to overwhelming credit card debt and payments, student loans, defaulted mortgage loans and many others.

Are budgets important and is there any correlation between budgeting finances and financial problems?

Purpose of this Blog Post

To educate consumers about the relationship between budgeting and financial problems. From my experience, they is a direct link between the two.

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"I'm Freaking Out--I've Just been Served with Legal Papers From My Creditor!"

Thumbnail image for FreakingOutLlawsuit.jpgAt the Law Office of Linda C. Garrett, a Solano County, California-based, online consumer, bankruptcy and family law practice, I receive approximately three to four calls per week from consumers regarding creditor lawsuits. Every individual is highly stressed and emotionally overwhelmed. The callers' most common fears include wage garnishment and bank levies. There are other fears and concerns, but these are the most common.

Is this you?

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Are You Judgment-Proof? Take the Test

iStock_000010699724XSmall.jpgShould You File for Chapter 7 or Chapter 13 Bankruptcy If You Are Judgment Proof?

In my Solano County, California-based, online Consumer, Family and Bankruptcy practice, I come across many individuals who are determined to file bankruptcy. Most times, the strong desire to file bankruptcy is fear-based, not fact-based. I recommend you take my test to determine whether you are judgment-proof?

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