Legal Question in Bankruptcy in Michigan
Contemplating bankruptcy due to a garnishment for $12k. Want to negotiate with the company to lower the garnishment or work out a payment plan to avoid bankruptcy. Would be paid off in full in 1 year with garnishment, two years with a negotiated payment plan or 5 years through bankruptcy if in full at all. Would a lawyer be able to have success negotiating with company? How much would this cost?
1 Answer from Attorneys
A lawyer that has a background in analyzing claims would be able to help you. First, you need leverage. One way to get leverage is to turn the tables on creditors and identify any errors in the process of the lawsuit or the collection of the debt. If you find errors you can notify the creditor of those errors which will increase your bargaining power. You have to find a lawyer that will review all the pleadings and find any errors. There are not many lawyers that have expertise in consumer protection law because the pay and conditions are not attractive. Whether a creditor will accept a settlement though is dependent upon the creditors policies. Some want a 90% lump sum, some want 65% etc. Most will demand 100% if it is to be made in payments. A lot depends upon your financial condition and if you ask to pay 50% the creditors will demand to know specifics of your financial condition or hardship. It all depends upon the circumstances. Most lawyers will charge a flat rate to help a person work out a debt resolution. Sometimes bankruptcy can be a better route but sometimes it is not.You need a lawyer that understands both bankruptcy and consumer protection laws.
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