FREQUENTLY ASKED QUESTIONS
A. There are three ways to stop a garnishment –
1. Pay the debt off, either through a lump sum of cash or by getting the creditor to agree to payment terms.
2. Go to the Court that granted the garnishment order and ask them to undo the Court Order. Even if you have a good reason to make this request, this process will be time consuming and expensive. Most Courts will not grant this request unless you act within six months of the Judgment having been signed and give them a very good reason and can prove your reason.
3. File Bankruptcy to end the garnishment.
It is easier to prevent a garnishment by stopping a judgment before it happens than it is to stop it once it has started. So if you know there is a lawsuit that has been filed against you, act quickly. In Nevada, you must file legal papers with the Court within 20 days of receiving the Creditor’s lawsuit. Unlike what you may have seen on TV, you cannot prevent a judgment by showing up in Court and explaining things to a Judge. In most lawsuits, no Court hearing will take place unless you filed formal written documents with the Court to oppose the lawsuit in the time allowed. If the documents opposing the lawsuit are not prepared according to Court rules, the Clerk will not accept them for filing. Also, unless the documents that are filed opposing the lawsuit state reasons that are legally valid, the opposition will not persuade the judge to prevent a judgment. Saying that you cannot afford to pay or that the terms of the contract were unfair are not arguments that work to prevent a Court from entering a judgment that can turn into a wage garnishment or bank account attachment.
At our law office, we immediately stop a garnishment if our client quickly gives us required information to file an emergency Bankruptcy. We can also stop a wage garnishment with an offer to settle the debt, but this method requires you to have a large lump sum of cash and unlike filing bankruptcy, results cannot be guaranteed.
To meet with our attorney to stop a wage garnishment, call us immediately.
A. Once a creditor gets a Court judgment, other terrible things can happen. The creditor can empty out your entire checking or savings account by a process called “attachment.” If your name is on someone else’s account, that person’s account can also be emptied out to pay the Court judgment.
But wait, unfortunately, there’s more! The Court judgment can easily be recorded at the office where property records are recorded. By recording the Court judgment, it becomes a lien affecting any real estate you own or any real estate where your name is on the title. The Homestead laws only protect you from having your home sold at a forced sale! The lien remains on the title for many years and must be paid if you wish to sell or refinance your property.
A. Once a creditor obtains a Court judgment, it becomes a “public record” that appears on your credit report. Other types of “public records” are bankruptcy and foreclosure. These public records are huge scars on your credit and remain on your credit report for many years. They are nearly impossible to remove from your credit report through the normal dispute process because they are so easy for the credit report to verify – after all, it is a public record and these records are open for anyone and everyone to see!
A. Bankruptcy can end wage garnishments, stop or prevent the attachments of bank accounts, and can remove or prevent liens. Bankruptcy can also prevent a lawsuit from becoming a public record. But the longer you wait before filing, the more damage can occur as a result of a lawsuit and the more difficult and costly it will be to repair the damage.
A. When you receive a Summons, it says you are being sued. This is the time to respond quickly. Don’t bury your head in the sand and hope this problem will go away! It won’t! You must take legal steps and you must take them NOW! If you do nothing, the problem just gets worse and you may have to live with the repercussions for many years!
If you are being sued, if you have been sued and a creditor has obtained a Court judgment against you, we urge you to obtain legal help immediately.
We urge you to read our many client reviews posted on the internet.
For immediate help, call now.