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Can filing bankruptcy stop a wage garnishment?

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Aaron

Aaron

Joined: 08 Feb 2010
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Posts: 2632



48565 Magic Points

Subject: bankruptcy
 
Posted on Wed Apr 21, 2010 7:41 am  

Hi,

Can you tell why you want to file bankruptcy? If you face problems in paying off your debts, you can try to negotiate a settlement with the creditors. Debt settlement can lower your outstanding debt amount by at least 40-60%. Thus, it become much easier to pay. However, remember to get all the agreements in writing.

Thanks,

Aaron
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LindaKelly
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Subject: Chapter 7 Discharged and now being Garnished
 
Posted on Sun May 09, 2010 3:23 am  

Our Chapter 7 was Discharged 2 months ago and my husband's check was just garnished for 414.00. We have no idea who is doing it because it just sais, *Wage Garnishment-Creditor*. This is Sat. so of course we have to wait until Monday to find out. But, we owe no taxes, child support or student loans. Could it be possible that this is a mistake by one of our creditors???
Aaron

Aaron

Joined: 08 Feb 2010
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Posts: 2632



48565 Magic Points

Subject: wage garnished
 
Posted on Fri May 14, 2010 11:23 am  

Hi LindaKelly,

You can try pulling a copy of your credit report and check who the creditor is?

Thanks,

Aaron
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ms. amy
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Posted on Fri Aug 13, 2010 2:54 am  

I filed a month ago and wage garnishment hasn't stopped. My employer says they have to receive a release from the creditor that put the garnishment on, which gets served by a sheriff. Is that right?
Aaron

Aaron

Joined: 08 Feb 2010
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48565 Magic Points

Subject: garnishment
 
Posted on Fri Aug 13, 2010 9:26 am  

Hi ms. amy,

I am afraid your query is not totally clear. What is it that you had filed?

Quote:
My employer says they have to receive a release from the creditor that put the garnishment on, which gets served by a sheriff.
Yes, this is true because the garnishment order has been issued by the court.

Thanks,

Aaron
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daniel2231
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Subject: bankruptsy & rent owed
 
Posted on Sun Sep 05, 2010 11:00 pm  

if i file bankruptsy can that keep my landlord from getting money he's suing me for?
Aaron

Aaron

Joined: 08 Feb 2010
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Posts: 2632



48565 Magic Points

Subject: bankruptcy and rent owed
 
Posted on Mon Sep 06, 2010 10:33 am  

Hi Daniel,

You will have to include your rental into the bankruptcy. Only then your landlord won't be able to sue you or collect the money from you. Once bankruptcy is issued, a stay order comes into effect.

Thanks,

Aaron
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Becky
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Subject: Garnishment
 
Posted on Wed Sep 15, 2010 10:19 pm  

Ok so i filed bankruptcy sept 2, 2010 and i am now in a automatic stay. My husband's work started garnishing his wages on aug 27th. the paperwork was sent out to them and they keep telling us they dont recieve anything and that they will not stop garnishing him. So now they are illegally taking the money from his check each week. We tell our bankruptcy lawyer and they tell us they have nothing to do with it because we hired them for bankruptcy and that we need to hire a lawyer or hire them sepratley to stop the garnishment! I dont understand this and feel like i am getting scammed! what should i do?!!?
Aaron

Aaron

Joined: 08 Feb 2010
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Posts: 2632



48565 Magic Points

Subject: Garnishment
 
Posted on Thu Sep 16, 2010 9:56 am  

Hi Becky,

I think you should change your lawyer. If possible you should go to your husband's office personally and hand the bankruptcy paperwork to them. Also , send the paperwork through certified mail, requesting a return receipt.

Thanks,

Aaron
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Becky
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Subject: Garnishment
 
Posted on Thu Sep 16, 2010 7:10 pm  

I will have to send it all through certified mail because my husband's
H-R department is in RI and we live in WI. so going there is a little out of the picture. And i agree i need a different lawyer but i just do not have the money for that. especially now that the money is being garnished still.
Thank you for your advice.
Becky
Aaron

Aaron

Joined: 08 Feb 2010
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48565 Magic Points

Subject: garnishment
 
Posted on Fri Sep 17, 2010 9:33 am  

Hi Becky,

There are many such lawyers who provide free help. I think you can try to find out one in your area. That may help.

Thanks,

Aaron
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RunNey
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Subject: chapter 7/wage garnishment.
 
Posted on Fri Oct 08, 2010 10:07 pm  

My employer was served with a wage garnishment. I was notified and immediatley looked into "How to put a stop to it?" The only option I pretty much has was to fill for Chapter 7 bankruptcy. So I found a decent lawyer who can do this for me. She told me I would have to wait 90days from when I last used my credit before filing, is this true? That if I didnt it would look like fraud to the courts and it could be rejected. Anywho, I am still in the process and getting all the paperwork completed with my lawyer but once everything is ready and filled how long will it take affect to my wage garnishment? is there anything i can do to speed up the process??

Thanks so much...
Runney
Ne Ne
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Subject: Wages garnished
 
Posted on Wed Oct 13, 2010 11:44 pm  

I had my wages garnished for two(2) months, I filed BK and my attorney has said I will get those monies back. As of today it has been one(1) month, do you have an idea of how longit takes for the Trustee to return the monies to me.

I am in California, thanks
Marcie
Guest






Subject: creditor suit
 
Posted on Sun Oct 24, 2010 10:48 pm  

I am in the process of filing my chapter 7. I have paid my attorney and all I have to do is pay the filing fee of $300 and I can file. It had to be postponed because I had lost my job, but I have a new one now and just need to wait for a pay check. One of the credit card companies got a default judgement against me, which my attorney filed an objection about it within the 14 days that the court allots for this, as I was not given proper notification. The creditor lawyer responded and asked for additional time to respond to my attorneys objection. I looked online and saw that they have filed something with the court for a lien and garnishment, even though the case has not been fully dispositioned. Are they able to do this? I will have the funds to file my chapter 7 within the next 30 days (probably less), but if they garnish my wages in the meantime, I wont have enough to pay the filing fee and pay my living expenses. Are they allowed to file those things before a case is fully dispositioned? I am so confused!
garym
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Subject: garnishment
 
Posted on Sat Oct 30, 2010 12:44 pm  

I may be gettin garnish. Is there a way to control the amount that they take out. I work part time and barley make enough to live on. I would like to pay my debts just don;t have the money. I filed chapter 7, and i think i have 10yrs before it clears? Thank you.

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