How does this Creditor Expect me to Live if they Take 25% of My Pay?

 

The Short Answer;  They do not care!  A garnishing creditor does not care if you can afford to eat, pay your rent, pay your car payment, or even feed the kids!  They dont care f you get evicted or lose your car.  

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What can I do?

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Chapter 7 or Chapter 13 Bankruptcy is the answer.  The moment your case is filed and the creditor is given notice they must immedaitely take steps to STOPthe ganishmnt or they cna e fined by the bankryotcy court. 

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Bankruptcy is meant to provide stability, security and peace of mind.

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Are there other alternatives to filing Bankruptcy that will stop a Garnishment?

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Yes, but they are few and usually not very attractive.  Here are your other options;

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(1) Settle for a lump sum.   (You usually have to come up with a lump sum of at least 50% of the debt...and then you get a 1099 (yep, a tax bill) for any part of the debt that is forgiven.

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(2) Work out payments - The creditor has usually offered this before garnishing and will usually no longer accept this as an option once the garnishment begins.

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(3) File a "Traverse" - A traverse is a direct court challenge to the garnishment. The bad news is that garnishment continues uninterrupted until the traverse is decided in your favor. In order to win a traverse you have to show that the garnishment "is untrue or legally insufficient" to be successful.  Most people think that a traverse lets you fight the lawsuit all over again, but that is not true. A traverse only challenges the garnishment, not whether or not the money is owed in the first place.   In my experience 99% of garnishments would not be stopped by a traverse and it is a waste of time to try one in most cases.  

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