My checking account was garnished and my dad paid the balance to get the account reactivated. The bank is holding onto the money till the 15th of Jan when it is due to be released. If I actually file for bankruptcy before the money is due to be released is there a chance I can get it back since it hasn't been turned over to them. I live in Missouri if that helps any lawyers.
2006-12-17 16:13:32 · 4 answers · asked by slytherin_95 4 in Politics & Government ➔ Law & Ethics
Yes you can stop the garnishment through filing bankrupt, BUT it has to be filed into the FEDERAL Bankruptcy Court system before the money is due to be sent. The Federal Court then notifies the creditors to stop collecting any payments from you, your bank accounts, etc. ALL THIS has to be done BEFORE the date of collection from the creditor. Call an attorney NOW. File immediately if you can.
2006-12-17 16:26:57 · answer #1 · answered by slick chik 3 · 0⤊ 0⤋
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RE If I file bankruptcy can I get money back from garnishment that hasn't been released yet?
My checking account was garnished and my dad paid the balance to get the account reactivated. The bank is holding onto the money till the 15th of Jan when it is due to be released. If I actually file for bankruptcy before the money is due to be released is there a chance I can get it back since it hasn't been turned over to them. I live in Missouri if that helps any lawyers.
2014-10-03 22:16:21 · answer #2 · answered by Herrick 1 · 0⤊ 0⤋
It all depends on the debt. Certain ones cannot be stopped. Like a fine or a judgement already against you. Check for bankruptcy laws online. Usually all debts can be discharged except for a few.
As far as the garnishment, once you get a case number the garnishment will have to stop. You may not get a refund of the monies already garnished, but they will have to stop calling you or collecting as soon as you give them your file number, even if your court date is like a year away.
2006-12-17 17:22:27 · answer #3 · answered by <}}}>< 2 · 0⤊ 0⤋
Bankruptcy is a federal filing... Doesn't matter what state. As for your question, call an attorney.
2006-12-17 16:16:58 · answer #4 · answered by RiverGirl 7 · 0⤊ 0⤋