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I Can’t Afford to File Chapter 7 Yet But I’m Being Sued Now. – Frank

“Dear Lewis,

I have not been able to pay my creditcards in months I have 46k in unsecured debt, car house and insurances are up to date I would like to file chapter 7 but with medical issues in the family and 2 kids it is hard to save up the $2000 needed in massachusetts

I am trying to come up with the money to file chapter 7, in the meantime I am worried taht one of the creditors will sue me, if that occurs can the judge order to garnish my wages even if I make below the state means for a family of 4?


Dear Frank,

Unfortunately, it is hard for me to answer the question as to garnishment in MA, since I am in Florida. But if it is similar to Florida, you may be exempt from garnishment if you are the “head of household”. But you cannot simply ignore the lawsuit since you will be filing bankruptcy. You would need to file an exemption from garnishment to prove you are head of household, until you can get the bankruptcy filed to stop the lawsuit in its tracks.

Your bankruptcy attorney should be able to answer what you need to do to stop any garnishment until you can pay the chapter 7 fee in full.

Good luck!

My name is Lewis Roberts and I’m an attorney licensed in Florida and Georgia. My practice focus is consumer bankruptcy, real estate issues/closings, and mortgages. I also have Florida real estate broker and mortgage broker licenses. I am a proud member of the National Association of Consumer Bankruptcy Attorneys (NACBA), National Association of Consumer Attorneys (NACA), and a graduate of Max Gardner’s Bankruptcy Boot Camp. I enjoy helping people with decisions that impact their financial well-being.

Legal Disclaimer: This is for educational purposes only. It is not to be relied upon as legal advice. It also does not create an attorney-client relationship. No such relationship is formed with attorney without a written agreement.

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About the author

Steve Rhode

Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.

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