Legal Question in Bankruptcy in Texas

I filed for bankruptcy on 2/9/09. It was discharged on 6/9/09. I had recevied a letter from my corporate payroll stating that "COHEN & KRASSNER" filed a judgement on me in NY in September of 2005, which I had no knowledge of (I have lived in TX since January 2002). Attached in the letter was a wage garnishment order for 10% of my pay. This was on Tuesday. Payroll came today and they GARNISHED my wages. I called corporate and told them that it had been discharged in bankruptcy and that it is ILLEGAL to garnish wages for personal/credit card debt. What do I do now? Do i have any legal recourse against Cohen & Krassner and/or my employer??


Asked on 9/24/09, 11:03 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

Dd you LIST Cohen & Krassner (or the creditor whom they represent) in your bankruptcy schedules? It makes a difference.

But regardless of whether or not the debt was discharged in yoru bankruptcy, your wages can't be garnished in Texas for an ordinary debt.

You need to have a serious talk with the payroll department, followed by a strongly-worded letter. For a company to garnish wages in Texas (other than for IRS or child support) is just plain weird.

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Answered on 9/29/09, 6:59 pm


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