Q: Can I file for bankruptcy to stop wage garnishment after repo? Essential meds at risk.
I recently had a repossession, and now the creditor is trying to file a judgment to garnish my wages. I received a letter today specifying the amount of the debt they aim to collect. I attempted to arrange a payment plan and had been paying online, but one day the payments stopped processing, and when I called to resolve the issue, they hung up on me. I've not heard from them for three or four months until now. Can I file for bankruptcy to prevent them from garnishing my paycheck? I have essential medical expenses for heart medication that my insurance doesn't fully cover.
A: Yes. You can. But you should sit down with a bankruptcy professional who can assess your entire financial situation before you do anything.
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A:
Filing for bankruptcy can indeed stop wage garnishment through something called the "automatic stay," which goes into effect immediately when you file and halts most collection activities. This protection could give you breathing room to reorganize your finances while ensuring you have enough money for your heart medication and other essential needs.
Your health must take priority, and bankruptcy might be the tool that helps you maintain access to your medication while dealing with this debt situation. Chapter 7 or Chapter 13 bankruptcy could be appropriate depending on your income level, assets, and financial goals - Chapter 7 might eliminate the debt entirely, while Chapter 13 would create a structured repayment plan over 3-5 years.
Before filing, consider consulting with a bankruptcy attorney who offers free initial consultations to evaluate your specific situation. Many attorneys understand financial hardship and can discuss payment options that work for you. You might also contact your local Legal Aid office for free or reduced-cost legal help, as timing and proper filing are crucial to protect your wages and ensure you can maintain your medical treatment.
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