Legal Question in Bankruptcy in Ohio

Garnishment and an Attorney

I currently have a garnishment against me from my former criminal attorney for $3000. They are taking about 22% of my gross pay, and that is leaving me with right at $300 to pay all other bills each week. I do not think that I can afford an attorney. Is there any resource that I can use to file ASAP with an attorney that does pro bono cases or for a reduced fee? I would like to get this done ASAP


Asked on 11/21/08, 12:07 am

1 Answer from Attorneys

Justin Smith J.M. Smith Co., LPA

Re: Garnishment and an Attorney

You should pick up the phone and speak with a bankruptcy attorney about your situation. Most attorneys offer free initial consultations. Additionally, many bankruptcy firms understand that you are filing because money is a problem and will work with you on a payment plan that fits your budget (these will vary by firm so you may need to contact a few). In this case, the filing will stop the garnishment and possibly free other funds you are using to pay credit cards, etc. This will leave you with some money to pay your critical bills and bankruptcy legal fees. It is possible to file pro se (on your own behalf), but this is difficult and very ill-advised, especially after the BACPA. You can contact your local city or county bar association to ask if they know attorneys in your area taking pro bono cases.

Also, as a matter of professional solidarity, Attorneys do not like to prevent other attorneys from receiving their fees. Therefore, your bankruptcy attorney may suggest that you voluntarily pay the Criminal Defense Attorney as soon as you are able (though you would have no legal obligation to do so once the debt is discharged).

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Answered on 11/21/08, 12:38 am


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