Asked 12/2/2010
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my exhusband was served with a wage garnishment at his job and they gave US Marshal run around and then said my ex husband filed bankruptcy chapter 13 and sent US Marshal letter sayin there is a a Will bankruptcy court dismiss my wage garnishment against my ex husband? |
Answer 1/5 - Submitted 12/3/2010
Okay, it depends what kind of debt the garnishment was for. Bankruptcy proceedings will not dismiss issues with back child support, for instance. If it's something else, and you want to do bankruptcy, then spend the money to get a good lawyer who specializes in just such things. They're not cheap, but they save you a lot in the long run. They don't take monthly payments, for some reason.
Answer 2/5 - Submitted 12/3/2010
Go down to his county courthouse and verify he's initiated a bankruptcy and that your debt is listed.
His employer is not the party to be sending out letters about a bankruptcy, that would be done by the bankruptcy court directly. If his employer is falsifying documents of that nature, they're in deep trouble.
Answer 3/5 - Submitted 12/3/2010
Wait a minute. A Chapter 13 bankruptcy is a wage earner's bankruptcy, where the person filing gets relief but has a time payment in which to pay off his debts. No debts are forgiven, just cut down into more payments being. For example if you are paying on a car and have ten payments left, the court may order half of the normal amount but over 20 a payment cycle. If you have a judgment for child support, most trustees do not shrink that amount down but rather shrink credit contracts, time payments, etc. If your judgment was listed in the proceedings, you would have been notified of the case, day to be present if you did not agree to any of the conditions of the bankruptcy, etc. This is the day most secured creditors come in and demand their collateral and write the loan off. If you did not recieve anythign from the trustee of the federal bankruptcy court, he never filed. All correpondance comes from the trustee and the debtor's attorney. If you filed a suit against him resulting in a judgment, a US Marshal would not be involved unless you filed in federal court. A garnishment is usually served on a business by a city marshal or county sheriff where required but most often by registered mail and a return receipt request. All bankruptcies are on file in the federal courthouse. Counties seldom have records of federal court proceedings.
Answer 4/5 - Submitted 12/3/2010
First I want to thank Moseydogblue,Imho am\nd Bobin texas for your info ... I received in the mail the letter from trustee and from city marshal about the chapter 13 bankruptcy.the hearing is this month and i will be there! if they dismiss it because its back alimony support ,will that mean i can start to garnishes his wages rightawy? im asking becausei have two kids and work partime and Iam on foodstamps and really need this back support money to survive....(i cant even pay some of my bills
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