QUESTION

How long will it take for them to return my garnished wages?

Asked on Oct 27th, 2014 on Bankruptcy - New York
More details to this question:
It's been a month since my chapter 7 discharge and I haven't received a refund of garnished wages as yet. How long does this usually take? Is there something else I must do?
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4 ANSWERS

Derek W. Freeman
I would contact the creditor and demand a return of the money. If they refuse, you will have to reopen your bankruptcy case and start an adversary proceeding to get the money back.
Answered on Nov 03rd, 2014 at 12:28 AM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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You needed to demand the return of your withheld wages as soon as you filed bankruptcy. Then, if the money wasn't returned, file an action in the bankruptcy court. Now that your bankruptcy is closed. You can still demand the return of the money but you'd have to re-open your case in order to get an order.
Answered on Oct 28th, 2014 at 6:07 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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I can't tell from the information you provided whether or not you are legally entitled to the return of this money or not. If you are entitled to the money, then contract the creditor to demand its return. If the creditor refuses, you will have to file a motion in the bankruptcy court to recover it. In most instances, the right to a refund of garnished wages taken before the bankruptcy was filed belongs to the bankruptcy trustee.
Answered on Oct 28th, 2014 at 6:05 PM

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Bankruptcy Attorney serving Schenectady, NY
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They should stop immediately and sent back right away what they unlawfully took from you.
Answered on Oct 28th, 2014 at 10:21 AM

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