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Can my pay be garnished if i serve as the only income for my family of 7 , claim for equity line foreclosure
Anonymous2 views3 answers
claim for equity line plus penalties
we were in the middle of in lieu of foreclosure
country wide document had my name ms spelled unit # wrong
foreclosure occurred anyway now 3rd party making claim for equity amount
I am sorry thatyou are going through this, you really should consult with a credit/debt attorney or in that area of this website, i will repost for you. take care.
Your pay is safe, provided that you pay >50% of the support for your dependents. If you receive child support or benefits, or workers comp, or help from family members that may affect your %% so be careful.
There is an exception to the above. IF you earn more than $750 a week AND you entered into an a*reement to allow it, then your pay can be subject to the claims of a creditor. So you could have to look at the documents you entered in to.
But, ordinarily, under your circumstances, your pay would be safe.
If you qualify for the exemption, the burden is still on you to assert it or it is waived, so be very careful.
Even if you had defenses to the foreclosure, if you did not raise them, or if you raised them and they were denied, it is probably far too late to go there now. Once judgment is entered, barring very unusual facts, it is too late to litigate defense issues.
Make sure that you assert your exemption if you or your employer are served with garnishment papers.
In addition, if you first mortgage was foreclosed on, you also have deficiency liability emanating from that, in the amount of the difference between the TOTAL debt due including all costs, fees, etc. and the value of the house (according to them) when the judgment was entered. One day some collector will pursue you for that as well.
So, it is likely that your best bet is to speak to a bankruptcy attorney. You may be able to dispose of all this (and other unsecured) debt in a bankruptcy and come out in much better financial shape than you are now.