If I file a bankruptcy, will it cover a garnishment on a paycheck of someone who signed a promissory note on my behalf?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I file a bankruptcy, will it cover a garnishment on a paycheck of someone who signed a promissory note on my behalf?
Approximately 5 years ago I was in a bad auto accident and had no insurance. This I was unconscious at the scene and at the hospital they had my mother sign a financial responsibility note. I was 19 at the time and they told my mother they couldn’t do surgery without her signature. Now the plastic surgeon is suing the both of us. I am currently unemployed so my payments were not made and they are motioning for a garnishment on my mother’s paycheck. If I file now will it stop this garnishment?
Asked on July 1, 2011 under Bankruptcy Law, Indiana
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No, unfortunately your bankruptcy filing will have no bearing on your mother's financial obligations. When she signed the note she became responsible for the debt, in addition to you. So while your bankruptcy can discharge the debt insofar as you are concerned, your mother will remain liable. Possibly she can work out acceptable repayment arrangements with the creditor or, depending on the amount of the debt and her personal circumstances, she too can consider filing. Just so you know the maximum garnishment cannot typically exceed 25% of her disposable earnings (and in some states even less).
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.