Q: Can I make payment arrangements on a judgement that is already on my credit since 2011 and now want to garnish wages?
Court date in September but I will be moving out of state if they don't accept the offer I wanted to emergency bankruptcy but leave in three week?
A:
You certainly have the right to call the creditor or the creditor's lawyer and make an offer. However, you cannot force the creditor to accept anything less than full payment of the judgment plus all interest accrued since the judgment was entered in 2011.
If you are considering filing a bankruptcy, then you need to take the time to meet with an experienced bankruptcy attorney that handles chapter 7 and chapter 13 cases. Most attorneys will meet with you at no charge for the initial appointment. You can use the Justia "Find a Lawyer" link at the top of this page to search for an attorney.
A:
You can request a payment arrangement, but the creditor is under no obligation to enter into an agreement with you. Since the debt is a few years old, they may be reluctant to work with you if you haven't made an effort to make payment in the past.
If you're considering filing for bankruptcy, you could benefit from speaking with an attorney in your current location and in the jurisdiction you're relocating to. Although bankruptcy is federal, there are some differences from state to state that might make it wiser for you to file in one state or the other. Time restrictions may also apply based on the move. So, it would be well worth your while to explore these options with an attorney who practices in both jurisdictions or with attorneys in each jurisdiction before taking any action.
*Kevin Chern is an Illinois licensed attorney who has practiced in federal consumer bankruptcy law and consumer protection law for the last 21 years. He is the Managing Partner of UpRight Law. Kevin's law partners are licensed in all 50 states and work in conjunction with Mr. Chern to provide bankruptcy and consumer legal services in all 50 states. Mr. Chern's answers to the questions are intended for informational purposes only and are not intended to be legal advice. Use of the answers does not establish any attorney-client relationship. For legal advice, you should consult with an attorney licensed to practice law in your state and with appropriate expertise.
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