Wage Garnishments - can I be fired?

[CCCrazy]

I just retained an attorney to file Chapter 7 and I'm scared poopless. What if there are objections to my discharge? What if creditors still come after me and somehow get judgments? Would a creditor put a lien on my house before garnishing my wages? - that's what I would prefer. I have no plans on ever moving. But what if my wages get garnished by more then one creditor? I live in IL where it's 15%. So does that mean only 15% can be taken out no matter how many creditors garnish? Can my company fire me for having my wages garnished once? or more then once? thanks for any info!!

[keepmine]

First thing you do is calm down!
Objections are very rare. Is there some reason you think there may be an objection?

[CCCrazy]

I guess I'm worried because I have six unsecured creditors and I'm a total of 175K in unsecured debt, and half of that is on an Amex card - everything was maxed out. Amex has been ruthless to me over the past six months. Today I told their collection agency (CollectCorp) that I had retained a lawyer, here is the information. She told me, oh, I wish you had let me know yesterday, I just sent over the paperwork to have you served at work next week. Yes, she may or may not be pulling my leg.

[TEW]

I just retained an attorney to file Chapter 7 and I'm scared poopless. What if there are objections to my discharge? What if creditors still come after me and somehow get judgments? Would a creditor put a lien on my house before garnishing my wages? - that's what I would prefer. I have no plans on ever moving. But what if my wages get garnished by more then one creditor? I live in IL where it's 15%. So does that mean only 15% can be taken out no matter how many creditors garnish? Can my company fire me for having my wages garnished once? or more then once? thanks for any info!!

Well after you file you will not get anymore phone calls no nasty letters and guess what. if they do still come after you that's a jackpot. your attorney will gladly sue them if you are damaged in anyway he will get his fee's from them and they will pay you for what ever damage they caused.
here is some info on objections
http://www.bkforum.com/showthread.php?t=20081

[TEW]

I guess I'm worried because I have six unsecured creditors and I'm a total of 175K in unsecured debt, and half of that is on an Amex card - everything was maxed out. Amex has been ruthless to me over the past six months. Today I told their collection agency (CollectCorp) that I had retained a lawyer, here is the information. She told me, oh, I wish you had let me know yesterday, I just sent over the paperwork to have you served at work next week. Yes, she may or may not be pulling my leg.

that's BS CA's will tell you anything to scare you. just hang up on them.

[OhioFiler]

Today I told their collection agency (CollectCorp) that I had retained a lawyer, here is the information. She told me, oh, I wish you had let me know yesterday, I just sent over the paperwork to have you served at work next week. Yes, she may or may not be pulling my leg.

I call BS too. You should have mentioned you recorded the call and thanked her for the FDCPA violation and the $1,000 bonus!

[CCCrazy]

Thanks for all of the information so far everyone. But could someone answer my questions about if liens are preferred to wage garnishments? and if one could get fired if more then one wage garnishment is done against you at your job? If the worst happens and i get garnished I would have a darn hard time staying in my house - I could do it if i only ate raman noodles.

[dingdong]

Most states have protection from job termination if you have one garnishent.

I know in california, you cannot be terminated for a single garnishment, if you have more that one, it is a possibility.

POst more info on your BK, if you have not been using your CC for some time before filing, you will not have to worry about an objection, and if any lawsuits are filed prior to your BK being filed, you will be protected by the auto stay and all lawsuits will be stopped in their tracks.

NO ONE can sue you while you are in BK-everything stops.


IF you are sued prior to filing, send the court a notice of BK and list the jusdgement in your schedules, and it will be wiped out by the BK.

Take a deep breath and don't worry, if you are filing, you should be fine.

I had a tax levy and a garnishment, my employer was fine with it, I am still working and one of their best employees ( as per my GM). JUst go to work, do your job well and you will be fine.

You are going to be ok!

[CCCrazy]

Thanks for the words of comfort ding-dong. Ok, here we go...as I said, around 175K in debt with all those fees added. When my attorney initially heard my story, he asked me if I was bi-polar because I went to Cali and went on a major shopping spree in one day on my Amex on Rodeo Dr - that was last April 2008. That scares me. It was for luxuries. I have been seeing a psychiatrist for 7 years and I take meds for depression and OCD - yes, I'm a mess. Maybe my attorney will use that as mitigating factors if I face an objection?

The payments on all my cards, car, house were perfect - NEVER late on anything in 15 years and I'm not exaggerating. Then suddenly in August Amex demands a payment of 25K. They said they were revoking my pay over time privilege. They said they had informed me of it two months eariler and had a taped conversation with me. I seriously don't recall that conversation and I had continued shopping. If I had been conscious of the fact the pay over time privilege had been stopped, I would have stopped using the card.

Anywho, I asked but Amex wouldn't move the charges over $200 to pay over time. So I stopped paying towards all my cards cause I knew I was screwed. So I haven't used any cards since September.

Then to top it off, I cashed in part of my retirement in February 2008 to the tune of 20K. I was panicing and I used it to partly pay bills and I continued to shop. So that is on my 2008 tax return as income and I owe taxes. But it's all gone now - how did I do that?. My lawyer doesnt' seem to be too concerned about it since the IRA money is gone and he says I have no assets since my house is upside down.

I'm so worried about the UST objecting and me getting dismissed. But my attorney says I will get discharged. But then I worry about the objections. I just have to calm down and let my attorney do his job, don't i.

[Flamingo]

Thanks for the words of comfort ding-dong. Ok, here we go...as I said, around 175K in debt with all those fees added. When my attorney initially heard my story, he asked me if I was bi-polar because I went to Cali and went on a major shopping spree in one day on my Amex on Rodeo Dr - that was last April 2008. That scares me. It was for luxuries. I have been seeing a psychiatrist for 7 years and I take meds for depression and OCD - yes, I'm a mess. Maybe my attorney will use that as mitigating factors if I face an objection?

The payments on all my cards, car, house were perfect - NEVER late on anything in 15 years and I'm not exaggerating. Then suddenly in August Amex demands a payment of 25K. They said they were revoking my pay over time privilege. They said they had informed me of it two months eariler and had a taped conversation with me. I seriously don't recall that conversation and I had continued shopping. If I had been conscious of the fact the pay over time privilege had been stopped, I would have stopped using the card.

Anywho, I asked but Amex wouldn't move the charges over $200 to pay over time. So I stopped paying towards all my cards cause I knew I was screwed. So I haven't used any cards since September.

Then to top it off, I cashed in part of my retirement in February 2008 to the tune of 20K. I was panicing and I used it to partly pay bills and I continued to shop. So that is on my 2008 tax return as income and I owe taxes. But it's all gone now - how did I do that?. My lawyer doesnt' seem to be too concerned about it since the IRA money is gone and he says I have no assets since my house is upside down.

I'm so worried about the UST objecting and me getting dismissed. But my attorney says I will get discharged. But then I worry about the objections. I just have to calm down and let my attorney do his job, don't i.

Yes, you have retained your attorney. Try to relax and let him represent you. Anyone filing BK goes through major emotional issues so what you are feeling is normal. The smallest thing is now something that can keep one up all night. If you have not yet already done so, may I kindly suggest that if you are currently taking meds as you mention that if you still feel overwhelmed to see your doctor handling your medical issues and advise him/her you are going through a life event of major financial problems and are not doing well. A major life event such as this can have a bad effect on anyone.