Is there a way to stop garnishment without bankruptcy?

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Is there a way to stop garnishment without bankruptcy?

We got sued over a bill that was supposed to be paid in our work comp settlement 4 years ago. We never received a bill until the court summons. They forced us to set up $50 bi-weekly payments even though I said that I could not afford it. However I have been making the payments but now they want to garnish my wages. I hate to file bankruptcy when all our other bills are current but I can’t afford the garnishment.

Asked on September 27, 2011 under Bankruptcy Law, Illinois

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to go back to the workers compensation board and find out why this was not part of the settlement and what occurred. Further, please understand that the statute of limitations may have run out and by you reaffirming the debt, you opened yourselves up to having to pay this when you probably did not have to anymore. Find out how much you have paid thus far, and then go to the board and show that they must pay this in full. Next, pull up your three credit reports and see if this debt is listed on any of those reports. If so, make sure you dispute the debt and give as much documentation as you can and see what occurs thereafter since the credit reporting agency must now investigate your dispute.


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