QUESTION

How can I recover my lost funds from a garnishment I received?

Asked on Sep 25th, 2013 on Bankruptcy - Louisiana
More details to this question:
I sent a letter stating I filed chapter 7 from my lawyer to my job in August. Now it is the end of September and I get garnished today on my check. This should not have happened in the first place.
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5 ANSWERS

Debt Settlement Attorney serving San Diego, CA at Law Offices of Kathryn Tokarska
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There are some follow up questions to this question. Did you list the creditor on your petition and in the Creditor's Matrix, did you also include in the creditor's matrix the attorney for the creditor (if one was involved in the lawsuit). I have had a bad experience with an Orange County Sheriff's office who for over 2 months continued to garnish my client even though I had papered the world, so to speak, with the notice of the bankruptcy filing. It stopped eventually and my client did get a refund but of course it was a very difficult situation for them. Whenever I have a client with an existing garnishment I take extra steps to ensure that the parties involved get notified of the bankruptcy as soon as possible. This involves listing the creditor, their attorney(s), and the sheriff's office in the creditor's matrix. But I also fax the Notice to these parties as well. An attorney receives an electronic version of the Notice, so I can send a copy of that within just a few minutes of filing the case. Don't get upset with your employer. They lack the authority to stop the garnishment simply because you gave them a copy of the Notice. Usually the creditor's counsel will take the proper steps and notify the Sheriff's Office withdrawing the Garnishment Order. If creditor or their attorney received a notice but they don't take the steps to notify the Sheriff's office you could go after them for sanctions. If however it's the Sheriff's Office that is backed up with cases, well I don't know, I sure wish I had an answer for that one. Luckily, I only had this happen once.
Answered on Sep 27th, 2013 at 4:06 AM

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Personal Injury Attorney serving Glendale, CA at JT Legal Group
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Ask your lawyer. It would be foolish for us to answer knowing you're represented.
Answered on Sep 26th, 2013 at 12:02 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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Right, but only the lawyer you retained to represent you can take care of this. So find out why your lawyer isn't helping you. BTW, just contacting your employer with a letter is only 1/4 of the steps required to stop a wage garnishment.
Answered on Sep 26th, 2013 at 12:01 PM

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Bankruptcy Law Attorney serving Livingston, NJ
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Contact the sheriff that garnished your wages and give him proof of filing.
Answered on Sep 26th, 2013 at 9:10 AM

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Car Accidents Attorney serving Mandeville, LA at Olivier Law Firm, LLC
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Agreed. Contact your attorney and instruct him to file for sanctions (penalties) against your employer for violating the stay (the do not collect anymore money order).
Answered on Sep 26th, 2013 at 9:09 AM

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