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Asset Protection

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by , 02-25-2010 at 11:52 AM (894 Views)
There had been a post about a chat with a debt collection solicitor concerning what he thought were, and were not effective collection tools. I claimed that this collection attorney didn't find wage garnishment to be a good collection tool because wage garnishment regularly drove debtors into insolvency. I received different opinion from another experienced collection solicitor from the Tampa area who writes : "I could not disagree more with whomever disparaged wage garnishments.12288;They are my number one collection tool in this economy.12288 ; With roles scant, folks can't afford to give up and seek new work which they'd have done before the recession.12288;I can mostly outline every contested wage garnishment or win evidentiary hearings on the head of household issue because of the problem in basically establishing it.

Furthermore, it is way easier to determine work ( therefore guaranteeing a "hit" ) verses an account which is hit or miss.12288;I have no found insolvency to be an argument at all." This attorney's opinion is consistent with my private experiences in insolvency practice.

I have got a few insolvency clients who say they are filing insolvency because their salary have been garnished, but I do not find that wage garnishment is a first reason for insolvency. Most insolvency debtors I deal with forecast collection. To paraphrase, most of the people file insolvency before a creditor gets a judgment which would subject their wages to garnishment. If a creditor attorney garnishes salary then usually the debtor can't file Chapter seven insolvency for one reason or another.

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