QUESTION
Is this legal for my employer got a letter to garnish my wages for a debt that was included in the discharged bankruptcy in 2013?
Asked on Sep 12th, 2014 on Bankruptcy - New Jersey
More details to this question:
I filed chapter 7 and it was discharged in January of 2013.
12 ANSWERS
bankruptcy Attorney serving Paul, ID
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Paul N. J. Ross Law, PLLC
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If the debt was included and discharged in your bankruptcy, you have a cause of action against the creditor.
Answered on Sep 16th, 2014 at 9:40 AM
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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Contact the creditor & your HR department & provide your notice of bankruptcy.
Answered on Sep 16th, 2014 at 9:39 AM
Debt Relief Attorney serving Anaheim, CA
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Marlin Branstetter Attorney at Law
If the debt was discharged in bankruptcy it is illegal to have your wages garnished. You should contact the United States Trustee and your attorney regarding this creditor abuse.
Answered on Sep 15th, 2014 at 8:04 PM
Debt Settlement Attorney serving San Diego, CA
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Law Offices of Kathryn Tokarska
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If the debt was discharged it is not legal to collect from your wages. Please contact your bankruptcy attorney and let him/her know this has happened. If you didn't use an attorney, contact the creditor's attorney requesting termination of the order and provide them with copy of your discharge order.
Answered on Sep 15th, 2014 at 1:07 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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If the debt was discharged, it's illegal to file a garnishment. You should send a certified letter to the company informing them the debt was discharged. If they continue to harass you, you'll need to re-open your bankruptcy case and sue them for violation of the discharge injunction.
Answered on Sep 15th, 2014 at 12:57 PM
Derek W. Freeman
No. Creditors cannot attempt to collect on any debt that was discharged in a bankruptcy. If the creditor did not have notice of the discharge, then you need to contact them and send them a copy of your discharge order. If the creditor continues to garnish your wages even after receiving notice, you will have to sue them.
Answered on Sep 15th, 2014 at 12:56 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It is your issue, your employer must follow the court's order, it is up to your to get the order reversed or rescinded. If the debt was discharged your have rights and can potentially collect damages and your attorneys fees.
Answered on Sep 15th, 2014 at 12:56 PM
No. Call your Chapter 7 lawyer. This is a violation of the law.
Answered on Sep 15th, 2014 at 12:53 PM
You may want to contact your bankruptcy attorney to resolve this matter as if the debt the creditor is garnishing you for was included in your bankruptcy there can be a claim for violating the bankruptcy discharge. Mistakes can happen & it may be that the creditor made a mistake & will correct it. However, some kinds of debts are not eligible to be eliminated through bankruptcy. So return to your bankruptcy attorney for further guidance.
Answered on Sep 15th, 2014 at 12:45 PM
Bankruptcy Attorney serving Cleveland, OH
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Benson Law Firm
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Absolutely not. You have claims under both bankruptcy and other federal laws.
Answered on Sep 15th, 2014 at 10:17 AM
Consumer Bankruptcy Attorney serving Los Angeles, CA
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Orantes Law Firm
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No. It violates the discharge injunction and you should inform the creditor of that right away. If the creditor does not stop the attempt to garnish your wages, you may need to hire a qualifies attorney to enforce the injunction for you. You should also get back all or most of what you pay the attorney from the creditor in addition to recovering Wharton they garnish from you.
Answered on Sep 15th, 2014 at 9:30 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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No it is not.
Answered on Sep 15th, 2014 at 9:30 AM