What do we do if they start to garnish our wages? How?

In order to garnish your wages, they need a court order. If they have a court order, inform the court that the debt was discharged in bankruptcy. In any case notify the creditor that the debt was discharged and any collection action is in violation of the discharge injunction.

If you have a copy of the bankruptcy petition listing the creditor, you should be able to stop the garnishment as it violates the discharge injunction. If what you say is true, you should be able to get an award of damages, including all the garnished money back, plus some exemplary damage and the attorneys' fees and costs you spend to enforce the injunction. If you don't have a copy of the bankruptcy petition, it gets more difficult because courts save the files only for a certain number of years. Time is of the essence for you to get help as every day that passes increases the odds that you will not be able to get a cop of the petition from the courts if you don't have a copy of it.

Best thing is to consult your bankruptcy lawyer. Failing that, obtain documentation that you filed the BR, included the obligation to this creditor (or its predecessor), and received a discharge. Do this a.s.a.p. Then write the creditor, certified mail return receipt requested, with a polite but firm letter telling them that the underlying debt was discharged (and include copies of the documentation), and demanding return of the garnished funds within, say, ten days. If you do not get satisfaction, you can file a Motion to have the creditor held in contempt. The motion should include, as exhibits, all the documentation you sent the creditor, and a copy of your demand letter to the creditor. Collecting a discharged debt is a violation of 11 USC sec. 524, and can lead to the creditor's being held in contempt of court. Good Luck.

He will need to double check his facts before filing a motion to stop the garnishment and declare the judgment to be void. Your husband may also seek advice from his bankruptcy attorney to obtain sanctions to punish this creditor for pursuing this judgment in violation of the bankruptcy discharge. Frankly, this is such a rare occurrence that I have not seen this problem in over 35 years of practicing bankruptcy law.

Sounds fishy, the debt would be barred by statute if not set into a judgment which would be discharged if properly handled in BK. You need to have an attorney research the debt and the BK.

Unfortunately, I have 50 or more questions for you before I can answer your question. You would be well advised to speak to an experienced lawyer about your options. I can't tell from your question how old the judgment is. You would be well advised to go to the court house that issued the garnishment and make a complete copy of this file prior to meeting with a lawyer. You will have to pay the lawyer for one hour of their time, but this is no different then giving a doctor a complete medical history before he/she can answer your questions about constant headaches (does the doctor prescribe aspirin or brain surgery - it depends on the answers to their questions!!). Good luck!