Summons

[Jasonc126]

Can you lose your job if your wages are garnished?

[Jasonc126]

I can't believe a creditor would even sue me...I've never even been sued by a creditor before. I tell you this bankruptcy will take its toll on me.

[LuciluS]

I can't believe a creditor would even sue me...I've never even been sued by a creditor before. I tell you this bankruptcy will take its toll on me.

I fully understand how you are feeling. If you are filing BK, that means you don't have any momey! But yet, if you don't have the 'Smarts' and know the 'Ins and Outs of BK', you have to pay at least $1200-3500 to obtain an Attorney to file for you.

On top of that, you have to take Pre-Bankruptcy Course and one after filing. These courses are not Free! We have our pre-bankruptcy course scheduled for 8/7 and it is by telephone. Could be a 3 way call as hubby is an over the road truck driver and may not be home by 3:30 pm that Friday.

Tighten up your expenses and see if you can get your Attorney paid. Once you are able to do get him/her paid & BK filed, your wage garnishment will cease. I don't know what happens if they take funds from your bank account.

If It was me, I would go to a Cash Basis and use US Post Office Money Orders to pay your bills. I would also open a checking account at another Bank (preferably a small bank). Send in a request to change your Bank for Direct Deposit on your Disability. That could take up to 2-3 mths to process (I went through this in moving in 1/08).

Until you positively know our disability check is being credit to the New Bank, I would be at the old bank when they open for the morning and draw out your disability check. Then close out the old checking account so no one can try to withdraw funds on that Judgement. It's very important to close the acct., not just leave $1 or $2, because your bank may honor the withdrawing of funds and hit you with lots of fees.

[Jasonc126]

How long does it take before they garnish wages? Does anybody know this from experience? It was two months ago that I received my summons and they still haven't garnished my wages.

[2manybills]

Speaking for California only, once you are served with a summons, you have 30 days to respond. After that time, the plaintiff will request for entry of default judgment to be entered. They have to serve you by mail with the request for entry of default, so you will know when that is happening. After that depending on the courts (and in CA they are swamped) it will take another 30 days or so to get a clerk's entry of judgment, at least and then you will receive a notice of entry of the judgment. After that they will have to request that a writ of execution be issued and that's when they will start to try to attach, presuming they know what assets you have.

Hopefully you will be able to be filed by that time. They cannot attach right from serving you with a lawsuit though.

[klandsb]

Hard to understand your lawyer telling u that !!

I was served a summons on JULY 14th... The lawyer I spoke with said to NEVER do nothing... I sent in a reply...It was not difficult or complicated . Wow , I wish I would have known before cause I would of told you what the lawyer wrote for me at no charge...He said here take this to the courthouse , file it and it will buy you time....

[2manybills]

You can usually find a "general denial" form on the court's website that is a court form to fill out.

[BananaCabana]

Can you lose your job if your wages are garnished?

In Florida, employers may not fire an employee if he has a wage garnishment. On the other hand, if the employee has several wage garnishments an employer IS allowed to fire them. One garnishment is fine but multiple is not. I am not sure what state you are in so this may not help you.