Birmingham, AL asked in Consumer Law and Collections for Alabama

Q: How would the creditor take my income as a 1099 independent? Also is there anyway to stop them I assume filing bankrupt

Also you can only file for bankruptcy once per 7 years is this correct and how can they take my income as a 1099 independent? Is there another way to stop the creditor from taking my income other than bankruptcy?

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2 Lawyer Answers

A: A person who is a judgment creditor can garnish your wages or income. Remember, because they have a judgement against you -- the portion that they are able to garnish is theirs, not yours. If you have filed bankruptcy within 7 years you can't file again. They can also garnish your bank accounts and take other property from you to satisfy a judgment.

Bruce Alexander Minnick agrees with this answer

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Collections Lawyer
  • Tallahassee, FL

A: Your status as an "independent contractor" (i.e., a Form 1099 employee) is irrelevant. Why?

Because if every employed judgement debtor in America could avoid paying their legal debts merely by switching their employment status from a Form W-2 employee to a Form 1099 independent contractor the federal government would run out of 1099 forms--in 24 hours.

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