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Can credit card debt be used in a claim of exemption?
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The recent fiscal crisis brought raging financial problems and widespread court cases that resulted in wage garnishment for borrowers, among others. Wage garnishment is a legal and convenient way for a creditor to regularly deduct an amount from a borrower’s paycheck until the debt is fully paid.Having credit card debt is not a way out for wage garnishment when appealing in court. Judges are rarely sympathetic to credit card debts. In dealing with wage garnishment orders, the debtor can resort to a few prudent ways to appeal before the judge to cut back and even totally stop wage garnishment. Among the techniques that a debtor can employ are claim of exemption, declaration of bankruptcy, and settlement with the creditor.In using claim of exemption approach, the judge is the decision maker, not the creditor. The debtor must provide the court with documented proof of his living expenses to justify that his money is not enough to cover his basic needs and at the same time attend to other financial obligations.Declaring bankruptcy is the easiest way in stopping wage garnishment since the law imposes an automatic debt moratorium for the borrower.Settlement is a personal negotiation between the creditor and the debtor. The debtor should make a commitment that he will regularly pay at least a portion of the outstanding debts, otherwise, the creditor may not even consider the petition.
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