length of time till they garnish wages>

[nearSacramento1]

What is the name of your state (only U.S. law)? CA

What is usually the time frame between when the creditors send you a letter to when they actually succeed in attaching wages? And what does the official letter look like that is the summons, i guess it's called? i assume it is very "legal" looking versus the letters that the collection agency attorneys send you that says "we will be forced to take legal action" and then at the botom it says "this is an attempt to collect a debt"

I cannot pay an attorney the whole fee at once, i'm going to have to make payments, and they won't file the bk until the fee is paid in full. i just hope that i can get it done before the wages get garnished.

also if they manage to succeed in garnishing, and THEN the bk goes thru, does that reverse the garnishing?

thanks

[Antigone*of*Greece]

Originally Posted by nearSacramento1

What is the name of your state (only U.S. law)? CA

What is usually the time frame between when the creditors send you a letter to when they actually succeed in attaching wages? And what does the official letter look like that is the summons, i guess it's called? i assume it is very "legal" looking versus the letters that the collection agency attorneys send you that says "we will be forced to take legal action" and then at the botom it says "this is an attempt to collect a debt"

I cannot pay an attorney the whole fee at once, i'm going to have to make payments, and they won't file the bk until the fee is paid in full. i just hope that i can get it done before the wages get garnished.

also if they manage to succeed in garnishing, and THEN the bk goes thru, does that reverse the garnishing?

thanks

Let's make sure you are clear on something. A creditor cannot just garnish your wages. You have to have a judgement against you in order for that to happen.

If you do have a judgement against you, don't hold your breath waiting for a courtsey notice warning you about a levy or a garnishment.

[nearSacramento1]

what i meant was, ok if they plan to seek a judgment against me, what is the first piece of notification I'll get about this? after i get this (i'm assuming it's a letter and i thought it was called a summons) how much tim will pass before the judgment is granted and the wages garnished? Does the summons say "SUMMONS" on it, i mean how do i know that is it?

And once the company garnishes my wages, if i can get a bk filed, will the garnishment stop?

thanks

[CourtClerk]

Originally Posted by nearSacramento1

what i meant was, ok if they plan to seek a judgment against me, what is the first piece of notification I'll get about this?

The very first page will say SUMMONS. It will be followed by a complaint.

after i get this (i'm assuming it's a letter and i thought it was called a summons) how much tim will pass before the judgment is granted and the wages garnished?

That depends on the course of action you take after being served.

And once the company garnishes my wages, if i can get a bk filed, will the garnishment stop?

It will be stayed (or stopped), but any money they get will be turned over to them. You won't be getting that back.

[bigun]

I'd suggest not letting it get to a judment if bk is the endgame. While it's true a bk will wipe out the underlying debt that created the judgment, the judgment will still appear on the public records section of your credit report. You'll then need to get your lawyer to file a motion with the vourt that returned the judgment to get the judgment vacated. It's doable but, another set of legal fees.

[nearSacramento1]

im just worriedbecause the bk cannot be filed until i've paid the lawyer in full. in that time it takes to pay that off, i'm worried they will seek and get a judgment....i mean does it take months, days weeks? when you said "it depends on the course of action i take" what are my options? if i plan to file bk what course of action would i take? i assume that i should NOT tell any of the creditors that i plan to file bk or else they will speed up any judgment they are planning to get.

[bigun]

Nobody can tell you what your chances of being sued are. Most creditors will hold off until the acount is chargedoff which is 180 days from default. You may go years or never without being sued.
Just relax. That decision is out of your hands. Just concentrate on getting the lawyer paid. Likely you'll get filed well before any legal action.

[nearSacramento1]

the one i am most worried about is the largest one, it's a biz credit card with wellsfargo, about 12 grand. hei s the only one that has my new phone number and already called to harrass me (once) at work. i have not paid on this card in many months. i left him a msg not to contact me at work, it's inappropriate, he can call my normal phone. he has not called back. i had asked for a statement of balance from him in order to start going to BK consultations, and he thought i'd get back with him soon after that but now it's been a couple months. i have still not commenced the bk. btw this is a collections guy now, not WF itself. so he caught me at work and i tried to keep voice low and tell him i could not discuss it there and he tried to use his tactics on me. i did not tell him i was considering BK, and he said we need to know NOW what you are going to do (in other words to discuss repayment and some kind of compromise or whatever they do) and since i am a ways away from actually FILING the bk i don't want to TELL him i'm doing bk but he can't be stupid he's probably figured that out. so then i was told that they think "the same guy" they transferred to me was asking to verify i worked there.

so i am assuming he is going to start his part of getting my wages garnished. should i tell him i plan to file bk? sould i send him a token payment? should i call him back and leave a message stalling some more or just ignore him and don't talke to him? i have not gotten a summons from them yet.

the only other papers i've gotten that look legal are from another CC (these are not huge balances....about 5k) that has a lawyer firm at the lettterhead and it says you have X days to respond or we will take legal action and then at the bottom it says this is an attempt to collect a debt, but the word SUMMONS is not on there, so maybe that is next?

so what would i DO once i gget the summons? if i am planning to do bk and working towards filing it, how can i stall? can't i ask for verification of the debt? what response should i give the summons?

steph and thank you bigun for your help

[bigun]

First thing you do is, not panic.
Control the things that you can control.
A. Stop paying all debt you are going to discharge.
B. You must take a mandatory CCCS course sometime within 180 days of filing. The lawyer you spoke with will tell you which ones your district accepts. Get that taken care of.
C.Do you have family that could loan you the money for the bk filing?
D. If you get sued, respond to the summons with a general denial. Force a trial. That'll likely buy you months. [url]www.creditinfo[/url] center.com has a forum titled "Is There a Lawyer in the House" that you should look at. A lot of tips on responding to legal action.

[nearSacramento1]

what is a general denial? i am not supposed to ask them to verify the debt? or is that only for foreclosures?

does a general denial mean that i am denying that i owe the money? i am sure they can prove that i DO owe it obviously! but i mean will stating that i deny i owe the money hurt the bk filing?

sigh

i wonder if one can get a loan thru one of those online loan sites like....what is that one? prosper? i already borrowed from family to try to save my home which ended up not getting saved, so i am paying that back.

steph

[CourtClerk]

Originally Posted by bigun

D. If you get sued, respond to the summons with a general denial.

FYI... the CCP doesn't allow for you to file a general denial if the amount owed is greater than $1000.

(a) Any provision of law to the contrary notwithstanding,
in any action in which the demand, exclusive of interest, or the
value of the property in controversy does not exceed one thousand
dollars ($1000), the defendant at his option, in lieu of demurrer or
other answer, may file a general written denial and a brief statement
of any new matter constituting a defense.

[nearSacramento1]

so is there any way to stall a bit? buy some time

[nearSacramento1]

Ok so what i've gotten is the attorney's letters stating that they have my case and if i don't respond in X days they are going to file the civil lawsuit. should i just ignore this and if they are going to file let them file and in the meantime i meet wit hte BK guy? but surely they will have filed the suit before i manage to be able to pay the BK lawyer!!! what if they obtain the wage garnishment before i can get the BK lawyer paid and my BK filed? AUUUGGGHHHHHH!!!!!!! will they STOP the garnishment after hte BK is filed? and who decides how much they should garnish my wages? should I call these attorneys and try to work with them to stall some time? is it ilegal for me to agree to try to work with them and then file the BK?

this is making my stomach turn. i can't get my wages garnished!

steph

[bigun]

Well, if this is causing so much upset you need to get it filed ASAP.
You'll likely have a few months between lawsuit and hearing and any garnishment action. Go ahead and request they validate the debt. That may buy some time.
Any wage garnishment will be stopped by the bk filing. How much they garnish depends on state law. Trying to negoitate prior to filing has no affect on the bk.

Either try and score some pt/weekend work and dedicate that money to legal fees or,see if you have family that can help you out.

One other thing to thionk about. If you get sued, close your bank account and deal in cash until the bk is filed. A judgment creditor can also levy a bank account in addition to garnishment.

[nearSacramento1]

i thought someone said that you cannot request a debt validation if it's over a thousand dollars? So i just write in an request that they validate this debt?

steph