QUESTION
If I have an open Ch 7, included a creditor, that later filed a new claim, won default judgement, recurring "new" monthly debt, can they garnish wage
Asked on Jul 27th, 2018 on Bankruptcy - New Jersey
More details to this question:
I have an open Chapter 7 that was filed because of debt associated with my home (mortgage, taxes, HOA fees). HOA fees reoccur monthly. The automatic stay was applied to the previous HOA judgements but after bankruptcy filing, HOA filed another judgment. They won by default. I didn't answer since their debt will be negotiated in the sale. But now they have filed an order to try to garnish my wages with just the "new" judgment. They are a named creditor, the debt is reoccurring can they garnish my wages although my bankruptcy case is still open? Are they violating the automatic stay ?
1 ANSWER
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A creditor cannot garnish your wages while your bankruptcy is open. If they garnish your wage without an order from the bankruptcy court, this will be a violation of the automatic stay.
Answered on Jul 30th, 2018 at 8:03 AM