QUESTION

What do I do if I still cannot get the money garnished from my pay check after filing for bankruptcy?

Asked on Feb 27th, 2013 on Bankruptcy - Delaware
More details to this question:
I had a judgement served to me. I went to see a lawyer and he suggested that I file chapter 7 Bankruptcy. My concern was a garnishment taking place and other financial problems. The lawyer assured me after the bankruptcy was filed that the creditor could not garnish. After filing, my next paycheck had the garnishment. I immediately contacted my lawyer’s office. I spoke with the lawyer and he said that he would send out a letter and a demand for the garnishment to be returned to me because they were not supposed to take anything. They had to return the garnishment to me and that it should only take two weeks to receive the money back. After two weeks, I received nothing. I contacted my payroll department. They had not received anything from the creditor or even a letter from my lawyer’s office stating that all garnishments need to stop and said that another garnishment was due to be taken out on the next pay date. I then contacted the lawyer and had him send the letter to my payroll and copy one for my records. Now a month later, I still have not received the returned garnishment. I have already attended the creditor meeting and the trustee did not want the garnishment. The paralegal that attended as my representation and said that she would call the agency that had the judgement and find out where the check was and get it returned to me. She said she would call me with answers that day. Of course, I never heard from her. I then contacted my employer/ payroll and they had still not received anything back from the creditor. Through email, I contacted the paralegal that is telling me that she contacted the agency that garnished and was told by them that check was returned to my employer on February 5th. I spoke to my employer that has said that they never received the money back. Now the paralegal said she had called the agency and had to leave message and was waiting for a returned call. That was now a week ago. I cannot get my lawyer to return a phone call or an email.
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3 ANSWERS

Get a new lawyer. Send a copy of the bankruptcy to the garnishing agency.
Answered on Apr 01st, 2013 at 2:39 AM

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Bankruptcy Attorney serving Charleston, SC at Davis Law Firm
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You clearly need to go, meet with your lawyer, and find out what is happening. If you case was filed, the automatic stay should be in effect and there are penalties and sanctions that can be recovered in addition to the money improperly taken. Your attorney may be trying to build you a better case by making additional request before he takes action. If your attorney is refusing to take action, then you may need to discharge the attorney and hire a different attorney. Remember, it is likely that the money will be returned to you directly so your attorney may be assuming that no complaint means you received the money already.
Answered on Mar 01st, 2013 at 8:47 PM

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Estate Planning Attorney serving Wilmington, DE at Reger Rizzo & Darnall, LLP
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If within 90 days before filing you or your attorney would have to file a motion at court.
Answered on Mar 01st, 2013 at 8:14 PM

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