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wage garnishing

I am going to file for bankruptcy on my house and my credit cards, because i can`t afford paying them anymore. I make monthly mortgage payments, how long can i go without paying my mortgage before my wages get garnished. I have no equity in my house, can i file for bankruptcy before the forclosure process is done, or do i have to wait.

Posted from: Ontario

One Response to “wage garnishing”

Barton Goth – Goth & Company Inc. -Trustee in Bankruptcy said...

The making house payments and a garnishee are likely two separate issues. Rarely do you see a mortgage company garnishee, although it is possible, as the standard practice is to first foreclose on the house.

In terms of when you are best to file a bankruptcy, you don’t have to wait until the foreclosure is finished, but you do want to make sure that you have stopped making payments and have clearly communicated to the mortgage company that no more payments are to be taken from your account and the institution needs to proceed with foreclosure. I prefer if you do this both verbally and then via fax or letter, just so that you have clear evidence that all this has been done prior to the bankruptcy. As long as you have done this then you can contact a local trustee and begin the bankruptcy process at any time.