If there is an emergency happening today, like
1. a foreclosure in one hour,
2. a pending repossession, or even
3. payroll processing a garnishment today that will come out of your paycheck on Friday,
then, yes, we can file an emergency case today. And yes, I can do same-day filing. But I need to be paid cash or cashier’s check up front.
However, I don’t like emergency cases. As an attorney, I am required to do my due diligence on a case (meaning that I’m supposed to research out the assets and creditors) before I file a case. An emergency case means exactly that: it’s an emergency. I don’t have time to do much in the way of due diligence, and we won’t even be filing a full petition.
We will have to file a skeletal, or emergency, petition. This is basically your name, social, address, list of creditors, and the online class certificate (Don’t forget: YOU MUST TAKE THE ONLINE CLASS FIRST!!!!). This skeletal petition will stop garnishment if we can notify payroll in time. It will stop the foreclosure, and it will stop the repossession.
The danger is that we need to get the rest of the paperwork filled out completely and file amendments with the court to make sure it is all done properly. Otherwise, your case is dismissed for incomplete schedules or non-existent schedules with the court.
So yes, I can file an emergency case the same day I meet with you, but it’s dangerous.
This is not legal advice. If you need help go to www.robertspaynelaw.com. garnishment coming out of your paycheck