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 What happens to my debt if I die? |
I am a 23 year old college student, I don't live at home, but am still counted as 'dependant' on my parents taxes, and included in their insurance.
I am wondering, what ... |
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naughT | If your check is being garnished for an unpaid debt can you file bankrupt? |
or sue the debt collector for collecting on a debt that is over the statue of limitations? |
 |
 
Studly
|
Yes, you can file for bankruptcy. Once you file, every creditor is given a "stay" meaning they must cease all collection activities. That includes judgments and garnishments. You really don't want to file BK unless you have an awful lot of debts. Trying to dodge one judgment is a terrible idea. It's going to cost a lot of money just to file it and take the required credit counseling classes.
Now as for the statute of limitations....start by ignoring Smily's answer.....unless he can prove me wrong with some sources.
Here is how the game is played when it comes to SOL defense....
If the debt is over the SOL, it is up to you to inform the judge as part of an "affirmative defense". That means you must be there to defend yourself, and inform the judge that this debt is not legal because it is too old.
If you do not bring up this point, or don't show up at your trial, the judge will simple base his ruling on the evidence presented. He does not automatically discharge a debt for SOL unless it is brought up in court.
This is why many debt collectors purchase old debts, then attempt to file lawsuits. They are depending on your lack of knowledge in credit laws to not know about the SOL, and they will win a judgment. Just to be on the safe side, they even falsify court paperwork to show you were notified of the trial, when in fact you weren't. You don't know you are being sued...you don't show up for trial.....instant default judgment.
OK, so what now? How to stop the garnishment.
If you are certain that this debt was over the SOL, you can file an appeal and ask the judge to review it. But be warned it may be difficult without a lawyer. This will be especially true if you did not show up for your trial and this was a default judgment.
Good luck. |
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sunshine
|
check with your state laws on that one ..i know in the state of tx debts cannot be garnished from wages unless you are in arrears in child support or for a federal tax offset. I know they cant take over a certain percentage in any state and i'm sure you could sue, if you file for bankruptcy then yes they cannot collect anymore from your wages..speak to a lawyer about that...good luck! and a comment to american whatever her id is..some people fall into hard times and alot of people dont accrue debt to not pay it..sh1t happens..not everyone in this world it trying to have their cake and eat it to...
listen hun if anything you could call these debt collecters and come to a settlement agreement but that means you would need the cash upfront to pay them..most debts can be reduced to 50-60%...but if you feel that you need to file bankruptcy then pay the money for an attorney..i tried to help a friend file a chapter 7 on her own and it was a mess of paperwork... |
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jigglebelly99
|
Absolutely! The day you file your bankruptcy they must stop all collections. It's true that you don't need an attorney, however it's a very complicated thing to do on your own since the laws changed a little over a year ago. You'll have to check w/ your state regarding statutes of limitations. Where I live the account is dead if no action has been taken on it in 7 years. To save yourself the trouble, get an attorney. |
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beccaboo
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i don't think so. not for any judgements already made. |
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smile4cobra
 |
Can you file BKC?? Sure. Can you sue the bill collector? No. Since there is already a judgment on you it is very safe to assume that they sued you before statutes ran.
To garnish wages, you must have a judgment from the court. So even if the collector tryed to stick you with something that is past statutes...the court wouldnt have let it pass. So it must not have been.
Judgments are good for 10 years and can be renewed once in some states so that 20 years and in other states like CA for example..they can be renewed unlimited.
If you want to put an end to the garnishments...you have to file BKC.
Good Luck |
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glisten1971
|
Yes, you can file bankruptcy... You don't even need an attorney to assist you. |
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justgetitright
|
If the debt collector called you before the statue of limitations
expired and you acknowledge the debt then you may have
reset the statute.
Your wages can not be garnished without a court order, it
the debt is truly beyond the statue, write a letter to the
court and explain your case because apparently the judge
did not see it that way
You can file for bankruptcy and that act will stop the wage
garnishment and any pending litigation, see link below
Just an fyi, if the debt is to the Government or for back
child support, you are out of luck |
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debbiemaedke
|
It is bad karma not to pay your debts. You can ask the person or company you owe for a reduction of the debt but an unwillingness to pay for something you originally agreed to pay for is flat-out wrong. |
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Young and Famous
 |
Yes, you can file bankruptcy. If you do, it will go in your credit report for 7 years or 10 years! |
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OC1999
|
First since an order for garnishment has to come from the courts, if you lived in a state that did not allow garnishment your wages would not have been garnished.
If it was over the Statutue of Limitations, that should have been brought up when you went to court, after the fact is probably not going to go anywhere. As long as the court case was filed before the SOL runs out that is a valid case.
As for filing bankruptcy you can, but you really have to think about it before you do. It is going to cost you at least $1500(and probably more) to file. If your garnishment is anywhere near this amount it is not worth it. You also may not qualify to file for a Chapter 7 which is the total liquidation. For this one you have to pass 2 means tests, one is if your income is above average for your area, the second is your ability to repay the debt over a period of time. If you don't pass on either of these you will be forced into a Chapter 13. If you have to file a Chapter 13 you will be put on a payment plan and have to pay back what you can afford. |
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.
|
To file 4 Bankruptcy just because part of your paycheck is being garnished is DEFINITELY A OVERREACTION ! ! !
Only a YOUNG person would even think of such a WILD SOLUTION.
SO SHOW SOME MATURITY GIRL ! ! ~! |
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