Video instructions and help with filling out and completing Are Form 843 Garnishment

Instructions and Help about Are Form 843 Garnishment

Music either this is Jonathan Ginsberg I'm a personal bankruptcy attorney here in the Atlanta area and today I'd like to talk to you about what you can do if you have a unexpected wage garnishment a wage garnishment emergency for lack of better terms and basically what's happened is that somebody has gotten a judgment against you and they've taken that judgment they've made it into a what's called a v fame they've gone to your employer and said withhold a percentage of this person's wages and the employer is required to withhold 25 percent of your disposable pay and send it in to the to the to the plaintiff to the judgment creditor if they don't do it by the way then the employer becomes responsible for the full balance so employers have a very very strong financial interest in complying with a wage garnishment now I can't tell you how many times people have told me over the years I had no idea first time I had heard about this wage garnishment a judgement was when my employer said I got this notice of continuing wage garnishment and what can I do well first of all tell you that again with wage garnishment the first thing that has to happen is there has to have been a judgment so if you ever got a document handed to you by a sheriff's deputy that's a lawsuit and you should always take action on that if somebody in your family got some papers from somebody in uniform that probably means you were sued check your credit report periodically to see that will also tell you an annual credit report.com is where you can get your credit reports for free that will also show you if you've been sued if you've been sued that's that's that's a warning sign that's a big red flag that your wages could be subject to garnishment now I will tell you that there are some instances where people are sued in another state some credit card agreements say that you consent to what is called venue for a lawsuit in another state in New York California Nevada and that lender can sue you in Nevada and theoretically they're supposed to give you notice but sometimes it doesn't happen they get their judgment in Nevada and they domesticated here in Georgia and the next thing you know you're being you're being garnished and there are some ways out of that there's challenges to that but again if you have a lot of money finding a lawyer to do what it's called a collateral attack on that judgment it's going to be very expensive and time-consuming sometimes bankruptcy is an easier route and basically what we can do if we get a bankruptcy filed is we can get the automatic state-created the automatic stay stops the execution of any wage garnishment and in some cases I can even get the money back that's been withheld if it has already been sent in the key is the minute you find out that there has been a lawsuit against you that there is a judgment creditor out there talk to a bankruptcy lawyer because we need to know as soon as possible that there's a potential problem here and confirm that in fact it's a legitimate judgment I've had a few times where the judgment was it was not legitimate it was not served on my client properly was served in somebody with the same name but not my client and we were able to get it undone informally without having to go through bankruptcy so the sooner you know about that you can talk to your attorney about it the better but the bottom line is if we need to follow bankruptcy we can do an emergency bankruptcy petition that normally is going to take about a day between the time you get your credit counseling certificate and get the filing fees and attorneys fees paid and get the paperwork signed we can get it filed within a day or so and that will stop the ongoing garnishment so bottom line is the soonest the sooner you know as soon as as soon as you know about this potential problem the sooner you get to my office get to an attorney's office the sooner we can take emergency remedial action stop the wage garnishment get your money back stop you from losing any more money and giving you a chance to reorganize and lose figure out what's going on and they've been a few cases I've been in when again it turns out that the garnishment was not proper we ended up dismissing the case of working something out so there are some options there but the bottom line is is that don't wait until after the garnishment run for a few weeks and say maybe I don't talk to a lawyer as soon as you hear there's a problem you sense there's a problem get on the phone pick up the phone call me let's figure out what we can do about it so hope you found this video helpful if you did please give it a thumbs up on YouTube like it on Facebook if I could be the sisters to you please call me or Susan Ballou my office seven seven oh three nine three four nine eight five we'd be happy to help you anywhere we can thanks a lot Music you Music