how to file bankruptcy md
Can I File For Bankruptcy and Still do a Short Sale?
Help with writ of garnishment against tenant in MD?
I am about to file a writ of garnishment of wages against my tenant, since I have a court order, properly executed eviction, etc. However, I have 2 questions:
1) on the form, I am supposed to put the last known address of this guy. Well, he moved without telling me where he was going nor a working phone number. What address am I to put?
2) Other than filing for bankruptcy or proving that he can’t survive on his current salary (which I doubt, because he is a store manager, and it’s not like I’m taking a huge amount from him per paycheck), how else can he avoid paying me? I know he has 30 days from the initial writ to challenge, but after that? And on what grounds can he challenge the writ, anyway? He lost the initial decision in court anyway, which led to his eviction, and this is just the final step.
Often the debtor just quits his job when he is notified of the garnishment. In my state a garnishment takes 25% of the debtors pay. He can go into court and ask for that amount to be lowered showing his income and living expenses claiming that the garnishment places an undo strain on his financial situation. Since your claim is for a “necessary of life” (rent) it isn’t likely that a judge will stay the garnishment.
Garnishment of wages often pushes the debtor over the edge into bankruptcy. If that happens, any money caught in the garnishment goes back to the debtor.
In my practice I’ve done a lot of garnishments and most times the debtor/defendant ends ups declaring BK or quiting their job. The dumber ones try and stick it out, then quit. The other issue is that its going to cost the guy at least $2000 to go BK. That often slows down his decision to pull the plug.