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Wage garnishment executed. Is this a sign of further executions?


mrstef513
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I lost a case to Capital One a few months ago. Their attorneys have executed a wage garnishment, however, they're requesting it from my former employer (I just got a new job).

Even with garnishment of my pay at my new job, I still fall well below anything they can take from my pay (I make about $150 a week).

When they're not successful with this action, is it a sign that there will be further actions ahead such as bank levies and seizures? Or will they just see how poor I am and just leave me alone?

Its gotten me into being a nervous wreck. I don't like having to look over my shoulder all the time. Thinking of BK but could take months to get the money for that.

Mike

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I don't think they would bother with seizing property

Don't count on that. Pressler & Pressler sent a sheriff to my house to collect $400. That's right, FOUR HUNDRED. He was very apologetic and amazed that they sent him to collect that little bit. Luckily, I had just filed my BK petition the day before. I gave the sheriff the case # and he wished me luck and went on his way. Not to scare the OP, but be prepared for anything. Empty your accounts, hide anything in your home that has any value ( there are no judgment exemptions in NJ except $1,000) and go to a cash only lifestyle until you can afford a BK.

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Its gotten me into being a nervous wreck. I don't like having to look over my shoulder all the time. Thinking of BK but could take months to get the money for that.

Mike

If you are thinking about BK but cannot afford it you could think about using a BK software. It is not for everyone but if you are comfortable with doing the filing and reviewing the documents yourself it will save you a ton of money. You enter your information into the software and it auto populates it into the official forms, kind of like tax prep software.

I filed BK about 6 years ago and used a software program and had no issues. Here is a link to a company selling the software, there are probably alot more companies out there if you wanted to compare:

Verrant bankruptcy software

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Don't count on that. Pressler & Pressler sent a sheriff to my house to collect $400. That's right, FOUR HUNDRED. He was very apologetic and amazed that they sent him to collect that little bit. Luckily, I had just filed my BK petition the day before. I gave the sheriff the case # and he wished me luck and went on his way. Not to scare the OP, but be prepared for anything. Empty your accounts, hide anything in your home that has any value ( there are no judgment exemptions in NJ except $1,000) and go to a cash only lifestyle until you can afford a BK.

that's an absolute outrage and makes my blood boil ... i can't beleive that they would come into a poor persons house and take what little that they have left ... what an outrage!!!!!!!!!!!!!!!!

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Yes Mike, it's been established that these attorneys for the creditors tend to have shady behavior. Once they get the judgement, they tend to act as though they can do anything short of putting you in debtors prison and that just isn't right. In our state there are specific forms one can fill out called exemption to levy, exemption to garnishment and then we use the BK code to determine exemptions, that is items that cannot be seized because they're required for your daily living. In your state, these forms may not specifically exist, BUT there are remedies to assist you. Federal guidelines already state that a creditor is limited to 25% of your income on a non child support related garnishment. But if you are at poverty level and require most if not all of your wages to run your home, the court cannot enforce an order that would put you homeless or deeper in the poor house. PLEASE study this link and all of its posts, it should give you some ammunition! Best Wishes!

I lost a case to Capital One a few months ago. Their attorneys have executed a wage garnishment, however, they're requesting it from my former employer (I just got a new job).

Even with garnishment of my pay at my new job, I still fall well below anything they can take from my pay (I make about $150 a week).

When they're not successful with this action, is it a sign that there will be further actions ahead such as bank levies and seizures? Or will they just see how poor I am and just leave me alone?

Its gotten me into being a nervous wreck. I don't like having to look over my shoulder all the time. Thinking of BK but could take months to get the money for that.

Mike

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