Garnished while in chapter 13?please help!!!1

[mia111]

Hello, to everyone
I just had a question,could someone please help!!
We are being evicted becasue we got behind
a little,but mostly it's becasue the Landlord said it is Spring and he wants to sale the house. My question is if he wins a default judgement against us for the back rent we owe, can he garnish our wages.
We have been in Chapter 13
for almost 3 years and make timley payments to our plan from our pay that is garnished out each week by the court.We can't afford for the landlord to garnish us also. thanks for any help Mia

[EricaCallaha]

I don't know if he can garnish you while your 13 is going on, but have you tried to talk to him? Maybe you could work out a payment plan with him to get caught up. It will make your tight budget even tighter, but you will be able to sleep at night.

How much are you behind?

[AngelinaCatHub]

After your 13 has been approved, no new debt is protected. Yes you can be sued and garnished. Try to reason with the landlord. 'Hub

[woeisme]

I thought you could be sued, but that the garnishment cannot take effect until after the CH 13 is over because the trustee has 1st priority on all your disposable income? I could be wrong here, but my understanding was that this is why it's so hard to get financing for a new vehicle, even with trustee approval, during an active CH 13, because the lenders know that if you decide to default that they can't touch you while the CH 13 is active, that they have to wait until discharge or dismissal to have a garnishment become effective.