QUESTION
If my wages were garnished at 25% for a debt that was discharged years ago, can I recover the money?
Asked on Jun 28th, 2013 on Bankruptcy - Kansas
12 ANSWERS
If a lender has garnished you for a debt that was discharged in your bankruptcy, they have violated the federal discharge injunction. You have the right to get your money back and also sue the lender for damages. You definitely should contact a lawyer. The Bankruptcy Court won't help you with this.
Answered on Jul 02nd, 2013 at 12:36 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Call your lawyer, if you had one. Otherwise file a motion for contempt with the Bankruptcy Court.
Answered on Jul 01st, 2013 at 7:36 PM
You may be able to take legal action against the creditor for violating the bankruptcy discharge, which could put more than just a refund of money taken into your pocket.
Answered on Jul 01st, 2013 at 7:36 PM
The first thing I would do is contact the attorney who handled your bankruptcy. You will need your papers to prove that the debt was discharged. If you already have them, you could contact the creditor directly and let them know they are collecting a discharged debt. They may voluntarily return the funds. If not, seek legal assistance.
Answered on Jul 01st, 2013 at 3:57 PM
You will likely need a lawyer. Calling the bankruptcy court would do absolutely nothing for you.
Answered on Jun 28th, 2013 at 7:39 PM
Deborah F. Bowinski
You need to hire a bankruptcy attorney, or possible a consumer rights attorney.
Answered on Jun 28th, 2013 at 4:42 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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I would send a letter to the creditor or its attorney. Also, send a copy of your discharge order and a copy of the schedule listing that creditor.
Answered on Jun 28th, 2013 at 4:03 PM
Chapter 13 Bankruptcy Attorney serving Bloomington, MN
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Gregory J. Wald
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If you were garnished for a debt that you previously discharged in bankruptcy, you can sue the creditor to recover your funds and the creditor may also have to pay your attorney's fee and any court costs. It is even possible that the court may impose punitive damages for contempt of court. You will likely need the services of an attorney for this.
Answered on Jun 28th, 2013 at 1:48 PM
Richard hirsh
If you follow the correct procedure you have to re-open your bankruptcy case and you can recover your money and possibly monetary sanctions against the creditor.
Answered on Jun 28th, 2013 at 1:28 PM
General Practice Attorney serving Coeur d'Alene, ID
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Michael B. McFarland, PA
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You should contact a lawyer. The bankruptcy court is not in a position to assist you without the proper pleadings being filed.
Answered on Jun 28th, 2013 at 1:20 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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You would need to file a Motion to Reopen the Case and then file a Motion for violation of the injunction of the automatic stay.
Answered on Jun 28th, 2013 at 12:28 PM
Bankruptcy Attorney serving Overland Park, KS
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Wellman Law LLC
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You should review the paperwork received by your employer to find out what court the garnishment order came out of and what law firm represents the plaintiff. Then you should probably try to straighten it out with the law firm handling the plaintiff's case first. The law firm may want certain documents sent to them that you should either have a copy of or be able to obtain a copy of from the Bankruptcy clerk. If the law firm insists that it is still a proper garnishment (most likely that would be if they claim their client did not receive notice of the Bankruptcy case) it could involve filing certain documents in state court or reopening your bankruptcy case.
Answered on Jun 28th, 2013 at 12:24 PM