Legal Question in Bankruptcy in Georgia

Garshiment

I am currently being garshined, I cannot afford to file bankruptcy. I called the law firm that is working for chase mahanattan bank to see if I can set up payment arrangements since the garshiment is set to expire on 11/6/07. The lawyer stated that they would expect close to what they are taking from me. Which I cannot afford. She stated they could go back to the court to petition my check to be garnished again. My question to you is if they are petitioning the court the 2nd time would the county have to serve me again to go before the judge and I can pledge my case then to see if I can have my payments reduced. I really would like to file Chapter 7 (but have no way of paying the amount in full.)


Asked on 10/10/07, 9:03 am

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Garshiment

It is likely they will simply file another continuing garnishment. It is not an opportunity re-argue the case, or get a payment plan. Judges very rarely do payment plans in the first place - it is up to the creditor to collect, as this creditor is doing.

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Answered on 10/10/07, 9:17 am


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