Wage Garnishment and Unemployed

[Poorbill]

2nd mortgage lender filed a civil lawsuit against me instead of going through foreclosure. They won the suit and are filing a suit to garnish my wifes wages.

I am unemployed and my wife works 10 hours per week at minimum wage. I have no savings and I doubt I could even sell my vehicles for what I owe.

Can anyone advise me on what to do? Should I show up at court and plead my case hoping the judge rules in my favor? Should I file for bankruptcy while I am unemployed

 

[TJNJmom]

If I were you I would do it, but you may lose your home...this is something you have to discuss with an attorney. I just went to see one last week and he told me that it would be in my best interest to go chapter 13, I will have to do this in 8 months because I have to wait 8 years since my last bankruptcy but I have no choice at this point my ex left me in a very bad place financially and I am now an unemployed single mother not getting child support. You may be able to go chapter 7 and make payments over a 3 year period and the payments you would make monthly would be a ton less then what you owe. It cost me nothing to discuss this with the attorney so I say that it can't hurt to make an appointment and go in and talk to them. Good Luck!

 

[bigun]

If I were you I would do it, but you may lose your home...this is something you have to discuss with an attorney. I just went to see one last week and he told me that it would be in my best interest to go chapter 13, I will have to do this in 8 months because I have to wait 8 years since my last bankruptcy but I have no choice at this point my ex left me in a very bad place financially and I am now an unemployed single mother not getting child support. You may be able to go chapter 7 and make payments over a 3 year period and the payments you would make monthly would be a ton less then what you owe. It cost me nothing to discuss this with the attorney so I say that it can't hurt to make an appointment and go in and talk to them. Good Luck!

Nothing in this post is correct.
You may file a Chapter 13 4 years from a Chapter 7 discharge. In a Chapter 7, there are no payment plans. Chapter 13 is where you have 60 month plans.

To the OP, why sweat a wage garnishment for someone working 10 hours a week?
You and your wife need real jobs. And yes, I know jobs are hard to find but, you can't survive without a source of income. Put bk on the backburner until you get your finances straightened out.