Should I file bankruptcy if creditors are threatening to garnish my wages?

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Should I file bankruptcy if creditors are threatening to garnish my wages?

My ex racked up thousands in credit in my name (because he couldn’t get anymore credit in his name) by opening up credit cards via the internet that didn’t require a signature. He has since filed bankruptcy for the debt only in his name and Now the creditors are threatening to garnish my wages for the debt still in my name. Should I file bankruptcy?

Asked on June 29, 2011 under Bankruptcy Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I think that you should consider turning in your ex for identity theft and try and take that stance with this all before you consider filing for bankruptcy.  Although the debt is I am sure affecting your credit, the bankruptcy will as well.  You need to ask the creditors for validation of the debt. This is a copy of the original agreement for the debt, a copy of the credit card transactions and payments made.  You need to show that this was not your card.  You need to let them know that someone used your social security number and personal information illegally.  You need to turn him in.  If this is not the way that you want to go then you should consult with a bankruptcy attorney in your area.  Good luck to you. 


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