Whiting, NJ Bankruptcy Law Firms & Lawyers

The Means Test, which is what determines if you can file with or without a Presumption of Abuse first goes by the Gross Income, but if you fail under that, there are deductions that can be taken to get under the Median. Think of it as the difference between a 1040EZ Tax Return vs a Standard 1040.

The party or institution that you filed the garnishment against usually waits until the appeal period (21 days) passes before they pay the money. If the money was ordered to be paid into the court it will probably take some extra time for the court to process the money and send it to you, if this does not happen within a week after the 21 days go by you should probably contact the court clerk and ask when they are going to send the money. If it was ordered that the money be paid directly to you, you should contact the garnishee defendant after 21 days elapse to find out when they are going to pay.

Legally no. However sewer service is not unknown. If a judgment has been entered without your knowledge check the court file to see how they claim to have served you. You then need to file motion to quash service and vacate judgment explaining and documenting why the claimed service did not occur.