Most people cannot live with 25% of their net pay being taken. You are not required to live with it. Bankruptcy protection immediately stops wage garnishment.

In order for a creditor to get a Judgment, the creditor must file a lawsuit and have the Court enter an order in the creditor’s favor. You are supposed to be personally served with a Summons and Complaint giving you notice that you are being sued. However, that does not always happen. If you fail to respond to a Summons and Complaint in writing within 20 days, the creditor will get a default Judgment against you, and garnishment will be the next step.

Stop garnishments by contacting MLO in Bellevue, Washington, immediately if you are served with a Summons & Complaint or a Writ of Garnishment, and seeking protection under the U.S. Bankruptcy Code. I am Christopher S. Mulvaney, an experienced bankruptcy attorney, and I will help you understand your options.

STOP BANK ACCOUNT SEIZURE

In addition to a Writ of Garnishment, Judgment creditors can also file a Writ of Attachment and seize any amount in your bank account up to the amount of the Judgment including the interest and attorney’s fees.  The 25% limitation does not apply to attachment.

STOP FORECLOSURE

Stop Foreclosure Sales – Create Loan Modification Opportunity

Falling behind on mortgage payments is a common problem. If you have received a Notice of Default or a Notice of Foreclosure contact MLO immediately to talk to a lawyer about your rights, and plan the best strategy for you. For many homeowners in the Bellevue, Washington, area that involves negotiating a loan modification. You should remain flexible, so that you have a plan if the modification is not successful. Whatever ends up happening, it is important that you did everything you could to prevent any outcomes you didn’t want.

Chapter 7 bankruptcy can give you a few months to live in the house without paying the mortgage, so that you can save money to move. Second mortgages and Home Equity Lines of Credit are especially dangerous after foreclosure sales because the lender will likely sue you for the balance after the sale. Chapter 7 provides a discharge of that debt.

Keeping your house in a Chapter 13 bankruptcy is extremely difficult and unlikely. You are required to catch up the mortgage arrears over 5 years plus pay the regular payment plus the 5% Trustees fee on the whole amount.

If you are going to be forced into bankruptcy following a foreclosure sale when a mortgage creditor sues you, then it is preferable to file bankruptcy before the sale to give yourself more time to live in the house without paying.