am I ok to file right now

[allalone22]

Hey guys-

Just wondering if you think it would be ok to file at this point. I live in PA and as per my previous thread, I am worried I may mess stuff up if I try to file

http://www.bkforum.com/showthread.php?75482-losing-sleep-over-my-mistakes/page3

As of now, I have no defaulted on anything, no over draft fees and I have no negative remarks on my credit. I have been taking the recovery very serious.

Assets:

1 car (kbb 6500) paid off for
1 computer that I use for work
1 tv

then I have clothing, mattress, books, and , misc stuff that probably equals less than 500 dollars

As of right now, I have been maintaining 2 credit cards. Their balance is around ~850. One is a capital one secured card, one is a best buy credit card. I am up to date, no late payments on these cards ever

My debts are as follows:

~ 1000 dollars in debt listed on my credit reports that would be able to discharge

I am not 100 % sure exactly how much unreported debt that I have, but probably less than 1k

I have 60k in student loans for a degree I never finished due to my stupidity. I cannot get back to school (perhaps this may qualify for hardship?)

I have 2 judgements

1- apt complex that has not tried to collect at all. This is around 4k, this is also tied in with my roommate at the time. It is not listed on any credit report, but shows up on the court records

1- credit acceptance corp. original judgement was ~3900. After interest at 22%, it came to 12k. I have paid roughly 6k through wage garnishments.

A few other things

I just got a job offer from a bank (provided I pass drug screening/background checks) that would start Nov 1.
I currently rent, but will need to move on my own by Jan 1 as my roommates are moving and I cant afford this place by myself. This will be at the end of a lease and we are not breaking anything.

I was recently required to obtain insurance on my kid through child support so my paychecks will be diminishing even more now. Currently, between my garnishment/child support, I am currently bringing home around 260 a week which is basically 1/2 my check.

I have been building my credit and I am worried if I file for BK, it would be pointless as I am in not a lot of debt, but that garnishment is killing me. It's basically taking an addition 50/week out of my paycheck.

What do you guys think I should do? I would be filing pro se. It has been about 1 year and 3 months since I won my money.

[keepsmiling]

WTH?
Isn't PA an anti-garnishment state?
You are in a rock and a hard place. It's a very small amount to file on. Find out if this garnishment is legal FIRST.
The student loans will most likely NOT be discharged. You'd have to have some physical disability to get rid of them.

[keepsmiling]

My bad. Should have followed your link.
Garnishment is illegal in your state, but yours originated in another state.

[keepsmiling]

I'd be tempted to wait and see if I got the job first.
If you file now, you will still be in an open BK. I'd think that might be an iffy place to be.

[allalone22]

I'd be tempted to wait and see if I got the job first.
If you file now, you will still be in an open BK. I'd think that might be an iffy place to be.

Do you think with the new job being based out of PA and living in PA they would not be able to continue the garnishment?

I was not wanting to file at all, but it sucks paying the wage garnishment after I have already paid 2k more than the original debt. 22% is outrageous and if it would have even been 10% , I would have had it paid off it seems.

I don't even know how they got the 22% because they won't provide me with the original documents that I signed. Of course, I am almost 100% positive I missed the boat to contest this judgement since they have been garnishing for 3 years now.

[keepsmiling]

This is from your original thread:

good news and bad news. I spoke with a few attys this morning. I schedule a consultation to see my options, but off the top of her head, she thinks because I was an ohio resident when my judgement was issued and because my company is based out of Ohio, the judgement will stand.


So... maybe there is HOPE. If you get the new job, you could conceivably be sitting pretty. Of course those school loans will haunt you your entire life
How's the GA thing going? Hanging in there I hope?
Really hope this all works out for you!

[allalone22]

This is from your original thread:

good news and bad news. I spoke with a few attys this morning. I schedule a consultation to see my options, but off the top of her head, she thinks because I was an ohio resident when my judgement was issued and because my company is based out of Ohio, the judgement will stand.


So... maybe there is HOPE. If you get the new job, you could conceivably be sitting pretty. Of course those school loans will haunt you your entire life
How's the GA thing going? Hanging in there I hope?
Really hope this all works out for you!

yeah, that is why i was wondering if it was a new job, if i'd go by PA rules now. When I moved her and kept my job, they were based out of Ohio and payroll was done out of there.

I don't mind the student loans, I will start working on them (will make it easier if I get this new job) since it has a lot more opportunities.

The GA has been going great. I have been on a good path, I am not behind on one bill that wasn't a past debt at the point when I started going.
Haven't had the urge to go into a casino, haven't had the urge to bet on anything.
My bank account has not been overdraft at all and I have been slowly cutting down bills left and right.

The one thing I was worried about filing is because over the past 6 months, my credit score has risen over 75 points due to my hard work and it makes it easier to continue.

I just need to find a way to get that garnishment out of the way and I will be in a lot better position. I can tell you one thing, my over all attitude and life has been better since I had to stop worrying about my debts/gambling stuff

[keepsmiling]

Have you talked to more than one attorney?
I would schedule another sit down.
Maybe one who specializes in FDCPA violations. Worth asking.
Maybe some of the pros will chime in here.

[allalone22]

well, not only have I gotten the one job, but I got an offer between 2 jobs.

One is at a large bank in their corp office. I'd be working in the call center, but was told I'd have the ability to move up based on my experience. I am worried that with a garnishment (if it applies), that when it goes through HR it may cause issues. Also have child support directly coming out of my check

The second one is a residential property management position. I have been doing commercial prop mgmt for around 6 years now. This is in the start up phase, but it is a higher salary than the bank job (but no benefits), but I believe it will offer more income potential if it grows. If it doesn't grow, then I could be out of a job.

Anyone have any experience with either of these? Any suggestions?

I have scheduled an interview with an attorney to see where I'd be at with filing and possibly getting my judgement vacated (like 2% chance from what I've looked up)

[keepsmiling]

Wonderful news!
While you may not be able to vacate the judgment (without filing) you should be able to stop the garnishment and possibly work out more reasonable terms.
Let us know what the atty's say.
Was hoping some of the pros would get involved in this. Anyone else out there???