Question regarding debt discharge and possible filing of bankruptcy.

UPDATED: May 28, 2009

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Question regarding debt discharge and possible filing of bankruptcy.

In April of 2008, I lost my job. I went without a job for 8 months. During this time I gave my house back to the bank and I have not made any payments to 5 different credit card companies. I have relocated from my previous state to a new one, due to a new job. As of now I have only my vehicle as an asset. The 5 credit card companies have repeatedly attempted to contact me regarding the debt, which has gone into collection. The interest rate along with the principle has made this a very uncomfortable situation. My question is, can the the creditors garnish my wages if I don’t respond.?

Asked on May 28, 2009 under Bankruptcy Law, Nebraska


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

There are a number of possibilities here, depending on all the facts of your situation.  Garnishment is something that ordinarily would require a lawsuit taken to judgment, first.  Before it gets to that point, you should be talking to a bankruptcy attorney about bankruptcy, either liquidation or chapter 13, or alternative programs for dealing with credit card debt, in which you commit to a long-term repayment plan with greatly reduced finance charges, if you can get one.  One place to find a lawyer who may be able to help you is our website,

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