Legal Question in Bankruptcy in California

bankruptcy

Im in the process of filing bankruptcy. i just received a phone call from a law office saying that they are going to garnish my wages because of a debt. can they do that ''automatically''? or do they have to take me to court first? and only after we go to court they can do that?


Asked on 9/02/08, 12:29 pm

2 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: bankruptcy

Before someone can garnish your wages, they must sue you and obtain a judgment. If this is a consumer debt, threatening to start a wage garnishment when there is no judgment might be a violation of state and federal fair debt collection law and you should consult a local attorney about your rights in this matter. Any claims that you have for unfair collection practices should be listed in your bankruptcy and you might be able to pursue them after the case is over. You should find a local bankruptcy attorney that is a member of the National Association of Consumer Bankruptcy Attorneys.

Read more
Answered on 9/02/08, 12:50 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: bankruptcy

You are correct. However, check the court docket online, if you can, to see if there was a case filed against you and the creditor took your default. If you can't do it online, you could go to the local courthouse and search for your name on its computer.

Once you file bankruptcy, it stops all collection efforts, including on a creditors' judgment.

Read more
Answered on 9/02/08, 1:27 pm


Related Questions & Answers

More Bankruptcy Law questions and answers in California