Oh, Tara, I'm sorry it's got to this point of hassle. If you do file for bankruptcy, that will stop the garnishment. Also, it will stop the phone calls. Once you file, the court notifies every one of your creditors to leave you alone, and they will.
No lawyer is going to do the bankruptcy for you at a fee of $300, unless he is your brother. Beware of getting scammed. The going price is around $1500. The lawyer will probably want cash-on-the-barrel, or at least a good down payment. That is your biggest impediment right now. He/she should promise to get you a Chapter 7 Discharge. (NOT a Chapter 13, which is a debt reorganization.) Even the dumbest lawyer in town will know five minutes after talking to you whether or not you are eligible for a Chap. 7. And even the dumbest lawyer in town can handle getting it for you. (If you owe student loans or anything to the IRS, you can't get rid of that.) So get the least expensive attorney, but the fee is probably standard for a case of your level of complexity, which sounds pretty simple to me. The lawyer isn't even going to do most of the work. It's just filling in the blanks on forms, which one of the assistants at the law office will do.
Our Founding Fathers set this up because they believed people should have a chance at a "fresh start." If you go ahead with it you will be surprised that the reality is not what you hear. In less than a month after being granted a "Full Discharge" (a chapter 7 bankruptcy), your mailbox will be full of letters from creditors wanting to lend you money. That's because they will know that you have no bills from creditors to pay. The only thing is that the interest rates will be high. That won't be any change in your life because you are in that category already.
In the meantime, try to minimize the stress of all this. There is no law that says you have to talk to any creditor on the phone. Sometimes it's worthwhile to talk to them, but if you are just getting badgered, you can write them a letter saying "Don't call me." and, legally, they can't call you again. Most of all, don't feel bad about a problem that happens to the best people all the time. Just think in terms of what is the best you can do to protect your future and your future income. I know all too well the stresses of having debt I can't pay. It's not a crime and it's not a sin. Things happen out of our control. And we're just little people. Look at the millions and billions that goes who-knows-where and those involved live lavish life styles, while being irresponsible with what's entrusted to them. Give yourself credit for how hard you have tried. Let us know how you're feeling.
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