Legal Question in Credit and Debt Law in Georgia

garnishements

My husband is being garnished by the credit bureau for medical bills. He has the only income coming into a family of 4. I am a student. One of the bills was supposed to be put under Chapter 7 bankruptcy. Our annual income is about 30,000.00 a year.


Asked on 1/02/03, 5:00 pm

1 Answer from Attorneys

Keith Reisman Reisman Law

Re: garnishements

The fact that you are a family of 4 and that the your only income is the $30,000 that your husband receives does not prevent the garnishments, but there are limits to the amount that can be garnished from wages each pay period depending on the amount of the after-tax pay.

You say that some of the bills �should� have been included in a Chapter 7 bankruptcy filing. If they were and the debts were discharged in the bankruptcy, than those debts cannot be the basis of the garnishment (with some few exceptions). Check with your bankruptcy attorney to determine if the debts were discharged. Likewise, if the medical bills arose before the filing of your Chapter 7 bankruptcy, you need to find out from your attorney why all the bills were not included in the filing (you same that �some� were).

You should also discuss the garnishments with the attorney that represented you in the underlying lawsuits from which the judgments arose that allow for the garnishments.

This answer, though responsive to the question is general in nature. It is not designed to be and should not be relied on as your sole source of information when analyzing and resolving a specific legal issue. Each fact situation is different; the laws are constantly changing. If you have specific questions regarding a particular fact situation, I urge you to consult with competent legal counsel.

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Answered on 1/03/03, 8:32 am


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