How best to file a wage garnishment?

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How best to file a wage garnishment?

I had a third mortgage for a pool. The house got foreclosed on 2 years ago. I initially was told that an AZ statute protected me from liability because the loan was used for home improvement. The bank resubmitted their claim and won (I didn’t respond again not knowing I needed to). Now they are trying to garnish my wages (I don’t work). Do I ask for a hearing to try and fight this (on what grounds?) Just ignore it? File for bankruptcy, Chapter 13 or 7?

Asked on June 12, 2011 under Bankruptcy Law, Alaska

Answers:

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

Answered 10 years ago | Contributor

Were you sued in Arizona or in Arkansas, where you have written the question from?  I would consult with an attorney in your area and bring the paperwork with you.  If you intend on trying to fight the lawsuit then you have to make a motion to vacate the default.  That means that you have to go down to the courthouse where the matter was filed and ask the clerk to make a motion to vacate the default.  You will need to present an affidavit of a meritorious defense (the Arizona statute may possibly help but one would have to read it to be sure).  Additionally, you are going to have to file the necessary paperwork in Arkansas to stop the garnishment.  AS for bankruptcy, there you need to sit down with someone who can analyze your entire situation.  Good luck.


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