Question regarding debt discharge and possible filing of bankruptcy.

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Question regarding debt discharge and possible filing of bankruptcy.

In April of 2008, I lost my job. I went without a job for 8 months. During this time I gave my house back to the bank and I have not made any payments to 5 different credit card companies. I have relocated from my previous state to a new one, due to a new job. As of now I have only my vehicle as an asset. The 5 credit card companies have repeatedly attempted to contact me regarding the debt, which has gone into collection. The interest rate along with the principle has made this a very uncomfortable situation. My question is, can the the creditors garnish my wages if I don’t respond.?

Asked on May 28, 2009 under Bankruptcy Law, Nebraska

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

There are a number of possibilities here, depending on all the facts of your situation.  Garnishment is something that ordinarily would require a lawsuit taken to judgment, first.  Before it gets to that point, you should be talking to a bankruptcy attorney about bankruptcy, either liquidation or chapter 13, or alternative programs for dealing with credit card debt, in which you commit to a long-term repayment plan with greatly reduced finance charges, if you can get one.  One place to find a lawyer who may be able to help you is our website, http://attorneypages.com


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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