QUESTION
Can I recover that money since it was taken post-bankruptcy?
Asked on Jan 12th, 2017 on Bankruptcy - New Jersey
More details to this question:
I filed bankruptcy, and the very same day I faxed my "notice of bankruptcy case filing" to both my employer wage department and the creditor, but my wages were still garnished.
5 ANSWERS
Yes. Unfortunately, depending on the amount, the Chapter 7 Trustee may take it instead.
Answered on Mar 13th, 2017 at 7:12 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Yes, you can recover the money garnished after the filing. And you should recover any money that hadn't been paid to the creditor as of the filing. For example, if you were paid Friday and filed Monday, the money taken Friday should be given back to you. Write the creditor.
Answered on Mar 13th, 2017 at 8:20 AM
Unless you get the creditor to voluntarily return the money, a battle to get this money returned to you could cost a pretty penny. It usually helps to have an attorney to terrorize the creditor into returning the garnished funds voluntarily.
Answered on Mar 11th, 2017 at 6:19 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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Yes, they have to return same. Give a letter to the sheriff or court officer that took the wages.
Answered on Mar 11th, 2017 at 6:18 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You certainly can try. The strict answer as to your entitlement to have the money back is absurdly technical. But in general the practice is to return money garnisheed on the day of (or the eve of) bankruptcy. Have your lawyer demand its return. If you don't have a lawyer in this Chapter 7 (and generally you should have one), then call the lawyer for the garnishing creditor. Good Luck.
Answered on Mar 11th, 2017 at 6:18 AM