Posted on: 04th Jul, 2008 03:13 am
I have credit card debts which incurred is due to 2 credit cards having default dates in 2003. I 'm in Ohio but when I took the credit cards I was in Florida. I'm not aware of the SOL in Ohio and I'm not sure as to which state SOL should apply on me. Can anyone tell me how to stop the wage garnishment because the court has put a hold on my bank accounts?
Hi Patricia,
Whether or not you lose your home would depend upon the type of bankruptcy you file. If you file Chapter 7, then you will have to include all your assets and debts in your bankruptcy filing. The trustee will look into your situation and may sell off the property in order to pay off the loan.
Take care
Whether or not you lose your home would depend upon the type of bankruptcy you file. If you file Chapter 7, then you will have to include all your assets and debts in your bankruptcy filing. The trustee will look into your situation and may sell off the property in order to pay off the loan.
Take care
my writ of wage garnishment was just filed to my employer for credit card debt. the garnishment order is in mississippi. can i appeal the judgement or get a stay of gernishment through the court? i have a debt settlement company that is supposed to be taking care of this debt but the collection agency totally ignored the request and went straight to a court order.
Hi Wally,
You may get a stay order against the wage garnishment. However, you need to contact an attorney and file a lawsuit against the creditor in this regard.
You may get a stay order against the wage garnishment. However, you need to contact an attorney and file a lawsuit against the creditor in this regard.
Adonis, I am curious to know what you think his grounds for lawsuit against a creditor might be. I don't see that at all.
Wally, the judgment was obtained either because the court found you liable in a hearing that you attended, or by default because you failed to appear. In either case, you owe the money. Now once a judgment is entered, you are required to pay according to the terms stipulated by the court. When you failed to pay, the creditor had every right to seek a garnishment of your wages. You indicated nothing that tells anyone you have reasonable grounds for a stay of the garnishment. I would suggest that most lawyers are not worth paying to seek an action that will end up as a failure.
What could possibly be the reason the stay would be granted?
Wally, the judgment was obtained either because the court found you liable in a hearing that you attended, or by default because you failed to appear. In either case, you owe the money. Now once a judgment is entered, you are required to pay according to the terms stipulated by the court. When you failed to pay, the creditor had every right to seek a garnishment of your wages. You indicated nothing that tells anyone you have reasonable grounds for a stay of the garnishment. I would suggest that most lawyers are not worth paying to seek an action that will end up as a failure.
What could possibly be the reason the stay would be granted?
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