Served papers to garnish wages for not receiving payments for medical bill and shows on bank statements that payments were made

Bankruptcy and Debt 3 views 4 answers
My friend in Grant, AL was making monthly medical bill payments from a car wreck and was told she could pay a minimum of $30 and her bank statment shows payments were taken out of the bank account. She got served papers to garnish wages and also stated no payments received since December. What can she do?

Attorney Answers

4
Steven Mitchell HowieBankruptcy AttorneyHuntsville, AL ·
The creditor already has a judgment and was taking payments on it. Your friend needs to contact a bankruptcy or debtor's attorney ASAP for a free consultation. There are several ways to stop a garnishment depending on the situation. You may be able to exempt part of your wages from garnishment, fight the garnishment for lack of notice or fight the judgment itself for lack of service.
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Gary Bollinger ·
Check the court file to determine if a judgment was entered.
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Melissa Wimberley LarsenChapter 13 Bankruptcy AttorneyHuntsville, AL ·
Being served with garnishment papers means that there is already a judgment against your friend. Many creditors agree not to garnish wages if an individual makes payments. Does your friend have something in writing showing that this agreement was made? If so, she can contact the attorney that issued the garnishment and provide them a copy of the document and the proof of payment. If she does not have anything in writing, she has no proof that there every was an agreement. If she does not want the garnishment on her wages, I suggest she contact bankruptcy counsel in the Huntsville area to explore her options to discharge this debt.
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