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Below median income but need advice.

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    Below median income but need advice.

    My husband made $21k last year, the years before that were far less. The debt is about $10,000 on a repossessed car (18% interest, so it keeps going up.)

    His wages were garnished in the past and will probably be again this year (between lay off from an old job to temp work and now mostly full time work again, I guess they've had difficulty tracking down where he works.) We had to move in with family because of the garnishment. If we continue living with this relative for another 4 years, the debt could eventually be paid but I'm not sure living here 4 more years is possible.

    If we pay the debt we won't have the money for anything except rent/food/car insurance and the weeks that my husband is put on 32 hour weeks due to slow downs at work, not even that. If not for the 32 hour work weeks, we'd be able to "make it" assuming we can continue living here. But with those 32 hour work weeks there is no way we can afford living expenses.

    With that being said, when the judge looks at how much he makes (my husband works, I am unable to due to medical reasons), will any of this matter or does he look at median income? Or what he makes minus the bills and then what is left over? Will he even see that my husband sometimes gets 32 hour work weeks, meaning not enough money to pay our bills?

    I've been paranoid at the possibility the debt would never be paid off, because in 2008/09 his wages were garnished when he was making about $12k/year, which is the reason we had to move in with a relative. We weren't even paying down the interest back then, the total debt never went down a cent during that year of garnishment.

    This has all been my fault. I suffered a medical "thing" (something I don't care to describe) and lost my job in addition to my husband being laid off during the same time. We lost the car because rent seemed more important back then. This has been an ongoing burden since 2006, when the car was originally repossessed. The always hovering wage garnishment, having to live in one bedroom for the last 3 years (not A one bedroom, I mean one bedroom.) We are slowly going mad and our marriage has suffered. Bankruptcy seems to be the only thing giving us hope and now I'm not even sure that will be possible, depending on how his income vs bills/rent is looked at.

    Thanks for reading and for the advice, if you have any. We plan on hiring a lawyer after he receives his tax refund. Silly but we are even having to wait to buy a stupid printer to print out statements and forms, etc. In the meantime peace of mind would be grateful.

    #2
    welcome to the forum.

    IMO - I would NOT pull the BK trigger just yet - not just for a car. Remember if you file now on this one bill - you cannot file again and be discharged for another 8 years.

    I'm sure someone will correct me if I'm wrong - but I believe a garnishment cannot exceed 25% of your pay..... so is that something you may be able to work into your budget should garnishment happen?

    Comment


      #3
      Originally posted by Pandora View Post
      welcome to the forum.

      IMO - I would NOT pull the BK trigger just yet - not just for a car. Remember if you file now on this one bill - you cannot file again and be discharged for another 8 years.

      I'm sure someone will correct me if I'm wrong - but I believe a garnishment cannot exceed 25% of your pay..... so is that something you may be able to work into your budget should garnishment happen?

      That's okay, except for this one car it was the only thing we've ever had, credit wise. We aren't the kind of people who rack up credit and would be okay for the 8 year wait.

      Although I said we could make it on the weeks he works 40 hours a week, truthfully we couldn't. If something were to happen to our van, we'd be stuck because we couldn't save for another car or even afford another one. Same goes for the weeks he only gets in 32 hours. So bankruptcy seems the only option out of this pending garnishment.

      Comment


        #4
        With that income, a $10,000 debt at 18% can be stifiling.

        You don't say if you have any children, but median family income for a 2 person household in Georgia is $54,054 per year (based on inocme in the 6 months before filing BK). It sounds like you are way below which should mean an easy Chap 7. Make an appointment to consult with a BK attorney to go over your situation. Also, do some readng and learn more about the BK process. One thing you'll learn is that the judge will probably never look at your petition at all unless there is an objection to your discharge by the trustee that can't be resolved. The trustee is unlikey to object to a Chap 7 discharge for somebody that makes less than half the median income.
        LadyInTheRed is in the black!
        Filed Chap 13 April 2010. Discharged May 2015.
        $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

        Comment


          #5
          What state are you in?
          You need to check what the garnishment laws are there.

          Keep On Smilin'

          Comment


            #6
            According to OP's profile, she's in Georgia
            LadyInTheRed is in the black!
            Filed Chap 13 April 2010. Discharged May 2015.
            $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

            Comment


              #7
              I'm new here and in a similar situation. I wish I had filed SOONER. If I had, I wouldn't be as bad off as I am now. Like you, I don't have a lot of debt, and I didn't consider BK because I thought that it wasn't worth it for what I owe. I have about 8k debt from 5 years ago when I was with my ex. I also have a car loan with an 8K balance that I have been struggling with for the past two years. Not a HUGE amount of debt. But, I'm low income, and last year my wages were garnished. 25% is a HUGE amount when I wasn't really making it. I did get it reduced to 125, and had I not been lied about court location and fought that harder I may have been able to get it reduced further. But I was short on leave hours at my job and I figured I'd just pay it and then.....last month ANOTHER garnishment. I filed for an exemption IMMEDIATELY and my court date is not until Feb 14th. It has totally ruined us. I have dependents and my income is less than 40K a year and with the two garnishments I'm out 360/check. I'm filing as that is the ONLY way to stop the current and future garnishments. I am going to give up my car, too.

              If I had filed bk a year ago, I would have saved myself SO much money. I wish I had done it then.

              If you can't afford to live on the post-garnishment salary, and you don't think you would have a need to file in the next eight years, then do it! You can talk to attorneys for free, I was really scared that they would pressure me but the ones I called didn't. Ask around and get some referrals. Read here and at other places...in the end, if it gives you a fresh start, it is worth it, in my newbie opinion

              Comment


                #8
                Im wondering if Im reading it right 10k on a car that was areadyrepoed???What company is trying to collect???Doesnt seem right for you..

                Comment


                  #9
                  Originally posted by rustymich View Post
                  Im wondering if Im reading it right 10k on a car that was areadyrepoed???What company is trying to collect???Doesnt seem right for you..
                  Given the comments about wage garnishment, looks like whomever financed the car sued and won a judgment for the deficency balance.

                  Comment


                    #10
                    Sorry, for some reason I didn't get notices there were replies. Yes, it is the finance company that hired a lawyer (one of those lawyer groups that only does collections.)

                    It's not at $10k, more like around $9000-$9500, we've not gotten a balance update since the last garnishment in 2010. The principal balance was $4536 with interest at $3600 or so, lawyer fees at $800. The interest and lawyer fees are estimates since 2010 shows interest at $2500 at the time and lawyer fees $450. We've got some paperwork to get up, statements and switching banks (since I read Wells Fargo sucks when it comes to bankruptcy, even if nothing is owed to them.) And then we are going to contact a lawyer and hopefully get this off our shoulders. Should have done it sooner but it was impossible.

                    I appreciate your replies. Thank you!

                    Comment


                      #11
                      Originally posted by rustymich View Post
                      Im wondering if Im reading it right 10k on a car that was areadyrepoed???What company is trying to collect???Doesnt seem right for you..

                      When some cars are repo'd, they are sold at auction and the ending balance is what is owed. I do not know what the car sold for, we were never told that, just what was owed afterward.

                      Comment


                        #12
                        OP, do the math and make sure you haven't been overpaying. Could be they owe you money.

                        In Georgia, a creditor can garnish the lesser of 25% of your disposable income or the amount by which your disposable earnings exceed 30% of federal minimum wage. If your disposable income is less than 30 times minimum wage, it cannot be garnished at all.
                        "Disposable earnings" are those wages left after your employer has made deductions required by law. Examples of legally required deductions are federal, state and local taxes, social security and the employee portion of state unemployment compensation insurance. Deductions that are not required by law do not count to reduce your disposable income.

                        Keep On Smilin'

                        Comment

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