Legal Question in Bankruptcy in California

Garishment

I would like to know how to reclaim the money (if I can) that has been garished from my wages for the past 5 months and now that I have filed for bankruptcy chapter 7 and there has a stay of relief.


Asked on 10/19/05, 10:40 pm

2 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Garishment

You will need to file a motion with the bankruptcy court for an order that the money be returned. Any local bankrutpcy attorney should be able to help you with this You might even be able to recover damages and attorney fees.

Once a creditor becomes aware of the bankruptcy, they have an affirmative duty to release the wage garnishment without requiring the debtor to seek relief from the bankruptcy court. This is a violation of the automatic stay and the bankruptcy judges in San Diego won't too kindly to that.

Read more
Answered on 10/19/05, 10:55 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Garishment

anytime a bankruptcy is filed, creditors have an affirmative duty to cease and desist any and all collection efforts (which includes wage garnishments). if a creditor fails to do so, you have remedies against them if you file the proper motions with the bankruptcy court citing them on their illegal conduct. if you would like further assistance with this legal situation, contact us today for timely relief.

Read more
Answered on 10/20/05, 2:48 am


Related Questions & Answers

More Bankruptcy Law questions and answers in California