i filed chapter 7 and the levying office is holding 213 from my garnishment, what do i need to file in order to get the money awarded to me
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Read More Answered By: Carl Starrett |
You need to the list the garnished amount on Schedule B of your bankruptcy papers, claim it a exempt on Schedule C and file a motion with the court under Section 522(f) of the Bankruptcy Code. You motion needs to be served on the judgment creditor, their attorney of record if they have one and on the levying officer. if the court grants your motion, the order must be served on the levying officer.
This process is a lot more complicated than it sounds. If you hire an attorney, the legal fees would definitely exceed the amount of recover. You also have to consider the value of your time to research the proper procedure and going to court as any time off from work, you may find that it is not worth the effort for $213. |
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