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TPease68

American Express Suit against me in 2015

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Hello I am new to this forum and I don't what to do with my situation.

Back in 2015, my job was dying; my hours were cut and then in June of 2015 the business closed.

Also during that time I couldn't make payments on my car, credit cards etc. Also in June of 2015 American Express filed suit against me.  They seized the funds I had in my bank account and then sent my bank a bank levy.  I guess they couldn't send my employer a Writ of Garnishment because they closed for business.  Now I am on Food Stamps program, I am living with my mom and trying to get a job. But I am afraid to go and get a job because I am afraid they will garnish my wages.

If by chance I land a job, is there something I can do that will prevent them from garnishing my wages?

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50 minutes ago, TPease68 said:

If by chance I land a job, is there something I can do that will prevent them from garnishing my wages?

Unfortunately no.  California does allow wage garnishment for civil debts.  There are exemptions if you are at or near the poverty level but that may result in only a reduced garnishment to less than the 25% allowed by federal and state law.  

I would start with a free consult with a couple of bankruptcy attorneys.  If you have enough debts and are unemployed simply wiping them out including that AMEX judgment in BK before getting employed may be the best option.

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1 hour ago, Clydesmom said:

Unfortunately no.  California does allow wage garnishment for civil debts.  There are exemptions if you are at or near the poverty level but that may result in only a reduced garnishment to less than the 25% allowed by federal and state law.  

I would start with a free consult with a couple of bankruptcy attorneys.  If you have enough debts and are unemployed simply wiping them out including that AMEX judgment in BK before getting employed may be the best option.

That, of course, depends on how much you still owe.  (Which is why she suggested talking to the attorney).

There are SOME cases where the amount you owe will be close to what you would pay to file BK.  

Or else you don't really owe that much, and while it is more than filing for BK, what would be garnished is something you can live with, but the cost of filing BK isn't.  

So weigh your options carefully.

If this is a big enough debt to really hurt, BK can be a godsend.  

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I agree that this is one of the prime situations for a Bankruptcy.  It is not as harsh and scary as it sounds.  In fact, a Bankruptcy would be an improvement from a judgement hanging over your head for another10-20 years.  The fact that you have no property and are currently unemployed essentially makes this a simple bankruptcy that should be done rather quickly.

I have been through it before and the fresh start for someone in your exact position is well worth it.  I would set up a meeting with a Bankruptcy attorney for a free consultation to go over your options.

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