“First the creditor has to get a judgment that says you owe the debt in the first place, then they would have to get another judgment BEFORE they can garnish your wages.”
No, they get one judgment and then an income execution; if she fails to respond to the summons within the time limit specified (20 days) they can get a default judgment; and have an execution served the same day … not likely I agree, but it can happen. If the company suing is suing outside her state, then they will need to transfer the judgment into her state (a matter of weeks) before they can file an income execution. While it can take a year or more for the process; it can also take a matter of a month or less. It’s best to err on the safe side and expect action more quickly than to not expect it and be blindsided.
Don’t wait, don’t stress, but talk with an attorney.
And as far as Chapter 7; you may not qualify as there are new income and debt restrictions that went into effect last year; so Chapter 13 may be your only option there; an attorney however can advise you.
Check the American Bar Association website for legal help at:
And I want to stress to everyone on this list, while the “truth” may hurt; it is only opinion of the truth that some people are judging others on this list and I won’t permit that … be honest, but be tactful; people are here to get help not to be harangued.