QUESTION
Can I recover my money if it has been garnished?
Asked on Jun 07th, 2012 on Bankruptcy - Florida
More details to this question:
my check has been garnished for a year and a half. can i recover any money? if so how do i go about it . iam filing bankrupcy my attorney says no. iam just checking
10 ANSWERS
Generally speaking, if more than $599 was involuntarily garnished in the 90 days prior to filing Chapter 7, the creditor must return these funds to either you if claimed as exempt or to the Chapter 7 Trustee. Problem is that it is often too expensive to file an Adversary Proceeding to recover the funds.
Answered on Jun 15th, 2012 at 5:31 PM
Most of the money is gone, but you perhaps can get back any money the sheriff is still holding and has not yet sent to the creditor on the date you file. You can assure that more of your money will still be held by the sheriff if you object to the continued wage garnishment by filing a "claim of exemption". Call the Civil Division of the Sheriff and they will give you the papers you need to file, though they will not help you complete them. Your attorney can help you with these papers, though he or she may want an additional fee to do so. Once you file bankruptcy, the wage garnishment will stop. To get back the money being held by the sheriff, you must specifically ask the Bankruptcy Judge to order this.
Answered on Jun 15th, 2012 at 5:00 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Speak with your lawyer. Possibly any checks not yet sent out by your employee.
Answered on Jun 15th, 2012 at 4:25 PM
Unfortunately, once the money is gone, it is gone. Bankruptcy will stop the garnishment, but you cannot recover funds attached before the bankruptcy.
Answered on Jun 15th, 2012 at 2:57 PM
Norman Linder Hull
If accounts have been garnished within 90 days of the filing of the petition, you should be able to recover the money.
Answered on Jun 15th, 2012 at 2:51 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally no, and if you do not trust the advise of your attorney, hire a different one.
Answered on Jun 15th, 2012 at 2:49 PM
If you have been garnished more than $600.00 in the 90 days prior to your bankruptcy filing you are entitled to a return of those garnished funds so long as you can exempt that amount in your schedules.
Answered on Jun 15th, 2012 at 2:45 PM
Glen Edward Ashman
He's correct. You should have filed a year and a half ago. Most garnisheed money is gone. In some cases, money taken just before filing may be recoverable. Your attorney will know if any monies were taken in a period that is recoverable. But from you said, most if not all your money is toast.
Answered on Jun 15th, 2012 at 2:38 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Your attorney is correct. The trustee might be able to recover some of the funds and use them to pay a little to your creditors.
Answered on Jun 15th, 2012 at 2:35 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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No. You cannot get back money that has already been given to the creditor through a garnishment, but the garnishment must stop as soon as you file.
Answered on Jun 15th, 2012 at 2:33 PM