We filed bankruptcy and on of the cerditors continues to garnish my account. So everytime I get my paycheck direct deposited it's gone. What should I do?
2006-06-23 07:57:37 · 6 answers · asked by Rhonda S 1 in Politics & Government ➔ Law & Ethics
I am filing PRO SE. I don't have a attorney because I didn't have 1500.00 to retain one. I have called several law offices but attorneys don't seem to ever be in the office. I already turned in all my paperwork and my case worker said my paperwork was all there and looked great. I just don't know how to stop the garnishments.
2006-06-23 08:13:51 · update #1
As soon as the creditors receive the BK filing notice, the creditors receive a notice from the attorney telling them you have filed for BK. It depends which BK you have filed. The creditors are to immediately stop sending notices, garnishments, and phone calls. They can show up at the meeting when you are to be present your case to the judge. But ask your attorney, every state may have their own process and legislature.
2006-06-23 08:05:36 · answer #1 · answered by cccccccccccccccccccc 2 · 0⤊ 1⤋
The garnishment of your bank account should have stopped IMMEDIATELY upon the filing of your bankruptcy petition. What yuo need to do is get a copy of your notice of petition for bankruptcy (it shows the filing date and index number) and call up your creditor, tell them you filed, and fax them a copy. They should return the money they have taken since you filed, as a preferential payment. If ANY creditor continues to contact you or harass you after you notify them you have filed for bankruptcy they can be punished by the court. Tell them this so they know you know.
You can ask some lawyers for a free consultation, or help with your pro se petition, or you can go to the library and get books that give you a general idea about the stages of bankruptcy. Or you can ask the court clerk with filing questions.
You really should spring for a lawyer for this one--there are all these new twists to filing since the Bankruptcy Abuse and Consumer Protection Act went into effect last October
2006-06-23 08:29:25 · answer #2 · answered by Anonymous · 1⤊ 0⤋
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RE When do garnishments stop after filing bankruptcy?
We filed bankruptcy and on of the cerditors continues to garnish my account. So everytime I get my paycheck direct deposited it's gone. What should I do?
2014-10-07 03:19:03 · answer #3 · answered by Anonymous · 0⤊ 0⤋
you need to examine including your criminal professional for more effective particular assistance. that is in all likelihood that the garnishments will be stopped quickly so as that the trustee can exercising consultation a plan for you. Your debt will proceed to be. i believe that there's a distinction in how issues will be executed including your debts that ought to't be discharged between a financial disaster 7 filing and a financial disaster 13 filing. in case you report for financial disaster 7, even if the court-appointed trustee believes that you'll pay off all or a minimum of a large chew of your debts, the filing would get amended to financial disaster 13. the different is likewise actual. If the trustee sees that you do not have a lot wish of conserving a cost plan, your filing would get replaced from financial disaster 13 to financial disaster 7. The state guidelines are also distinct. i'm hoping this helps. Gary
2016-11-15 04:23:08 · answer #4 · answered by ? 4 · 0⤊ 0⤋
Get a new bank account and have your check deposited there. Discuss the situation with your lawyer.
2006-06-23 08:01:19 · answer #5 · answered by davidmi711 7 · 0⤊ 0⤋
They should have stopped already. Get a new account at a different bank.
2006-06-23 10:46:07 · answer #6 · answered by Anonymous · 0⤊ 0⤋