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Avoiding Garnishment



kwadek@webtv.net (Wade K.)
11/23/2004 6:14:09 PM


I had a business partnership that lost a good deal of money seven
years ago I was in Texas, my partner lived in Virginia. About 1 year
ago I left Texas to take a transfer with my current employer to
Arizona. About 6 months after arriving in AZ my old partner had
papers served against me suing me for hs losses. In spite of the fact
that I had complied with his wishes in our partnership, and that he
made many false statements in his allegations, I just hoped the whole
thing would go away and didn't seek legal advice. I just couldn't
afford an attorney. He got a default judgement and the garnishment,
25% of my take-home, has just started. And it could take many years
to pay him off. While looking up info on the 'net I've found that
Texas doesn't allow garnishment of wages. My question is if I move
back to Texas will the garnishment have to stop, or is bankruptcy my
only option? Also, his attorney claimed in the lawsuit that I acted
maliciously and committed fraud. Absolutely untrue, but now the
judgement is finalized. Is that enough to keep me from canceling the
debt in bankruptcy, or do I have to be convicted in criminal court of
fraud before it won't be allowed to be discharged? I'm definitely
seeking legal counsel this week, but I would appreciate any advice or
opinions you have. Thanks
 
 
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