Early Stages of Filing Chapter 7

[Aduke1122]

Hi everyone! So, I'm in the process of trying to save for my lawyers fee for bankruptcy. My main concern is that my husband was served with court papers from Disco. They want to garnish wages I assume. Now, I probably won't have the fee paid before the court date which is the first part of January. Is there anything I can do to stall this out? 

[sccredit]

First - Deep breath.

Second - What EXACTLY was your husband served with? Going from judgement to garnishment is not a quick process. 

[Aduke1122]

Well all I know is this is the first court hearing we have been summoned to. I'm not sure how all that works!

[Anonymous]

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@Aduke1122 wrote:

Hi everyone! So, I'm in the process of trying to save for my lawyers fee for bankruptcy. My main concern is that my husband was served with court papers from Disco. They want to garnish wages I assume. Now, I probably won't have the fee paid before the court date which is the first part of January. Is there anything I can do to stall this out? 

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Some lawyers offer installment plan for their fee. Usually you have to pay half up front. 

[DogwoodLynx]

Talk to your attorney if you have one. They will know what to do.

[sarge12]

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@Aduke1122 wrote:

Hi everyone! So, I'm in the process of trying to save for my lawyers fee for bankruptcy. My main concern is that my husband was served with court papers from Disco. They want to garnish wages I assume. Now, I probably won't have the fee paid before the court date which is the first part of January. Is there anything I can do to stall this out? 

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If the court date is after the filing date, that court date will be cancelled. Filing bankruptcy puts an automatic stay on nearly all legal means of collecting any debts, including lawsuits, with only a few exceptions. The exceptions I believe include fraud, child support, and judgements based on willful acts...there might be a few more, perhaps IRS garnishment. Discover certainly is not exempt, so I doubt seriously that since he was just served, it is a problem. I am assuming you and he are filing bankruptcy together, but if only you are filing, then he will not get the benefit of the automatic stay.