QUESTION
How can I receive garnishment letter if I already filed bankruptcy?
Asked on Apr 11th, 2013 on Bankruptcy - California
More details to this question:
I paid my fees filled out paper work did online counsel, have case file number for BK yet I received garnishment letter from constable from law firm that was notified and give my lawyer info.
6 ANSWERS
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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If you've already filed a chapter 7 bankruptcy, notify the creditor and give it your case number & day of filing or just fax over your notice of bankruptcy.
Answered on Apr 15th, 2013 at 1:27 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Talk to your lawyer.
Answered on Apr 15th, 2013 at 1:26 PM
Debt Settlement Attorney serving San Diego, CA
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Law Offices of Kathryn Tokarska
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It happens occasionally that a creditor not necessarily intentionally but by oversight doesn't pull the plug on collection efforts. A quick call to the opposing counsel representing the creditor should clear this up. They don't want to be sanctioned for going against the automatic stay.
Answered on Apr 15th, 2013 at 1:26 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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Give attorney information so they can stop it.
Answered on Apr 15th, 2013 at 2:00 AM
Typically, you would be receiving garnishment paperwork after filing bankruptcy only if someone didn't get the message that you had filed bankruptcy or was so ignorant of the bankruptcy laws that they thought they were entitled to pursue the debt in spite of the bankruptcy. It is possible for you to be compensated if the garnishment was performed intentionally, but if the paperwork crossed in the mail, the creditor should take immediate steps to make things right.
Answered on Apr 15th, 2013 at 12:51 AM
Bankruptcy Attorney serving Los Angeles, CA
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Law Offices of Raymond H. Aver, A Professional Corporation
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The filing of your bankruptcy petition resulted in an automatic stay under the Bankruptcy Code prohibiting anyone from attempting to collect a pre bankruptcy debt against you without first obtaining relief from the automatic stay. The Bankruptcy Code expressly provides that an individual injured by any willful violation of the stay shall recover actual damages, including costs and attorneys' fees, and, in appropriate circumstances, may recover punitive damages. It is the practice at our Firm to first contact the offending creditor and confirm in writing the filing of the bankruptcy and the resulting automatic stay. If the creditor continues to attempt to collect the pre bankruptcy debt, our Firm would then file a motion for contempt for violation of the automatic stay.
Answered on Apr 14th, 2013 at 10:02 PM