thinking about filing ch.7

[Anonymous]

Hi,

I have yet to consult an attorney, but since it's after hours, I'll post my question here also. I just found out that I have a judgement that started to garnish my paycheck last week. Of course, I can't afford that, but I wasn't going to file bankruptcy originally because my understanding was that judgements aren't affected by BK. I was just going to try to negotiate as many pay to delete deals as possible to repair my credit. I just read on another forum here that judgements will actually stop collection activity to include a judgement that is garnishing wages. Has anyone found that a judgement can be stopped by filing chapter 7?  the judgements are entered as a personal debt and between my wife and I there are three of them totaling about 16,000 dating back a few years from befopre we were married. we're currently trying to fix our credit to be able to purchase a home.

[6speed8]

Probably best to speak to a lawyer and give him/her all the info. Lots of variables I believe. If the judgement is over 2 years old - but you say you just found out about it. Strangely with that though, I had one from 2005 that my attorney told me I could include but I chose not to - long story lol.  Did you contest it - appear in court - or did you not appear and it was a default judgement because you did not appear.

[Shooting-For-800]

Generally, BK will absolutely stop any collection (besides some govt and student loans)

As soon as you file everything stops in their tracks including reposition, forclosure, debt collection, etc.

I am not sure about wages garnished already.  But it will stop future ones from filing.

After BK is discharged the wage garnish will stop (if not already) and I would bet they would have to refund it to you (payments in limbo during BK period.)