Legal Question in Credit and Debt Law in California

I recently retired and am now collecting a pension from P.E.R.S. because of the drastic cut in wages I can no longer pay my mortage or credit card bills.I will soon be forced to declare bankruptcy. My question is can these creditors garnish my pension check? If not is there a need for me to file bankruptcy?


Asked on 9/24/10, 10:12 am

1 Answer from Attorneys

Tony Carballo Carballo Law Offices

Yes upon receipt of the funds if the creditors have judgments. Your income might be low enough so that nothing might be taken if you oppose the garnishment. If your credit card debt is more than you can handle, then bankruptcy might be the solution. The creditors with judgments can also record the judgments and those will become liens against your home which can be removed in bankruptcy but will cost more for that additional legal work. You need to resolve your financial problems by either settling your debt or filing for bankruptcy if you cannot afford to pay. Peace of mind is one the greatest benefits of bankruptcy for older people. The last thing you want is to have a bunch of nasty credit collectors calling all day if you are retired.

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Answered on 10/02/10, 9:32 am


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