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What is a garnishment? A garnishment is basically a legal collections tool where a creditor obtains a court order compelling an employer to withhold a portion of an employee’s wages. The amount that can be withheld is capped at 25%, however, the percentage may vary depending on the state issuing the garnishment and the type of debt. The cap applies to all creditors, meaning 25% is the most that can be withheld at any one time. Garnishments, however, are not limited to wages and can involve one time garnishment of bank accounts or personal property.
Employers are not permitted to take adverse action against their employees who file for bankruptcy. Debtors are protected by 11 U.S.C. sec. 525(b). Section A applies to governmental units and Section B applies to private employers. In all my years of practice, I have never had to bring an action or even threaten to bring an action under Section 525. Most employers understand the stress their employees are under and are not insensitive to their plight. More people have filed for bankruptcy than you think...
A common question is whether or not a debtor can keep a credit card after filing for bankruptcy protection and do I have to list the cards I want to keep. If you owe a balance at the time the bankruptcy petition is filed, you must list the debt. This applies regardless of the amount of the debt. If you are worried that you cannot live without a credit card there are a few options. A credit card with a zero balance does not need to be listed and can be used after you file the bankruptcy petition. If you have a card with a low balance, you should pay it off before filing for bankruptcy.
The Federal Trade Commission has created guidance for consumers on whether debt relief or bankruptcy may be right for them.
As a general rule, you cannot discharge back taxes in bankruptcy. Certain income taxes, however, can be discharged under limited circumstances...
Be careful if you settle any credit card debts before filing bankruptcy because you may convert a debt that is dischargeable in bankruptcy into a non-dischargeable debt...
Credit and charge card fraud costs cardholders and issuers hundreds of millions of dollars each year. While theft is the most obvious form of fraud, it can occur in other ways. For example, someone may use your card number without your knowledge. It’s not always possible to prevent credit or charge card fraud from happening. But there are a few steps you can take to make it more difficult for a crook to capture your card or card numbers and minimize the possibility...
At times we find ourselves in a difficult situation involving our bank, a large business, etc. and don’t know what to do. Calling customer service hasn’t led to any real results so you may be asking yourself what to do next?
Ageing Safely has developed the following three forms to help with consumer law issues or issues dealing with money and debt:
Letter to a creditor to request debt forgiveness when a bill is owed
Letter to a creditor to dispute a charge from a bank or company
Letter to a credit bureau to dispute an item on a credit report
Please visit Ageing Safely's website for links to these interactive forms: https://agingsafely.us/free-forms/.
The Center for Responsible Lending has created a list of five "Signs of Predatory Auto Finance Loans" that you may view below or view on their webpage: https://www.responsiblelending.org/issues/signs-predatory-auto-finance.
Signs of Predatory Auto Finance Loans
Don't get into car trouble: Learn to spot predatory auto finance loans.
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