QUESTION
Will I get a refund of garnishment if I exceeded the limit after bankruptcy?
Asked on Mar 04th, 2012 on Bankruptcy - Georgia
More details to this question:
Refund of garnishment if exceeded $600.00 prior 90 days after filing bankruptcy. When will I receive it? Will that be reimbursed?
6 ANSWERS
Problem is some creditors refuse to return the funds. So your attorney has to either file a Motion/suit to get the money back or some Trustees will do it for you on a commission basis.
Answered on Mar 12th, 2012 at 2:35 PM
Commercial Bankruptcy Attorney serving Davie, FL
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Law Office of Jeffrey Solomon
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The right to collect a preference belongs to the trustee, that's the 90 days you are referring to. However, the wages may have been exempt, the employer might still be holding the funds if no final judgment of garnishment, and if the trustee does not claim the funds and these are exempt wages, there is a procedure to demand turnover of the exempt wages, but that would involve a complicated procedure.
Answered on Mar 08th, 2012 at 10:53 AM
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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If you properly exempted it, you will get it back. Usually, you should get this back at the 341 hearing.
Answered on Mar 07th, 2012 at 2:24 PM
Domestic Relations Attorney serving Huntsville, AL
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Ferguson & Ferguson
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Typically anything held by the clerk's office or the creditor's attorney at the time you file will be returned to you (with the trustee's approval). It usually is done within a few weeks of filing.
Answered on Mar 07th, 2012 at 10:03 AM
No. The trustee can recover that money for the estate but not as a refund.
Answered on Mar 07th, 2012 at 10:02 AM
Bankruptcy Attorney serving Clayton, GA
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Gary C. Harris, P.A.
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If the creditor will not return the garnishment funds collected with 90 days of filing, the debtor has to move the court to required it to return the funds.
Answered on Mar 06th, 2012 at 5:07 PM