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csamuel · Oct 4, 2010, 03:48 PM

My husband is being garnished again my the same company after it was dissolve the first time back in January of 2010. Need an excellent bankruptcy attorney to get us out of the situation.

smoothy · Oct 4, 2010, 03:59 PM

Until the debt has been paid in full (I assume that it hasn't yet)... they have the right to take the money. The debt is an asset that doesn't disappear when a company folds... it gets bought by another company when the other company is liquidated.

smoothy · Oct 4, 2010, 04:58 PM

Originally Posted by ;

csamuel does not find this helpful : If you can afford to pay the debt and you are head of house hold and it was dissolved and they are doing it again and nothing has changed except we move to be able to afford a place to stay and he is the sole support of the house.

Exactly WHERE do you say the debt was satisfied in full previously? Until that debt and resulting garnishment has been satisfied to the debtor that owns it for the FULL amount awarded by the court, they can take it... what you think you could or couldn't afford, or where you can or can't afford to stay has nothing to do with it.

They are by law entitled to take a percentage of your wages, or bank account until the debt is satisfied, for the full amount awarded by the court. You failed to pay the money you owed previously, that's why they sued you, won, and got a writ of garnishment against you by the court.

Do you have proof that amount has already been garnished, and thus paid? If so that's a different issue. Let us know if that's the case.

IF you had previously filed for bakrupcy... be aware not ALL debts can be discharged by that. Particularly under the current laws which are far stricter.

DownUnder · Oct 4, 2010, 05:09 PM

As noted by Smoothy the debt will have to be satisfied. The time to have dealt with this was before a judgement was issued. Now you will have to deal with it. They could care less who is head of household. It's a debt and they want to be paid. Did you not use the services with a promise to pay back?

Fr_Chuck · Oct 4, 2010, 05:09 PM

Yes, unless the debt is either paid in full or there was a agreed to pay off on it, you still owe the money.

They lender may attempt collection by garnishment at various times and you will need to prove any exemptions to it according to your state law.

And to be blunt, they and the court does not care how you pay your rent or how you pay for things, all they care about is to collect their court ordered judgement.