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Wage garnishments are usually handled by a process server or a government officialy such as the county sheriff's office. The judgment creditor has on obligation stop the garnishment right away. There isn't a specific time deadline to return the money that was garnished after the bankruptcy was filed, but it should be returned ASAP. If you don't have it back within a couple of weeks, file a motion with the bankruptcy court.

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โˆ™ 2005-10-26 13:27:19
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Q: If you just filed chapter 7 two weeks ago and you had a garnishment coming out of your pay and you were told that you will get this money back how long does it take to get the money back?
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Related questions

If your are waiting for a discharge of a chapter 7 can the court take your Governments stimilus package money that is coming?

Yes, just as they can take money from a tax return during the year you filed for bankruptcy.


The circuit court sent garnishment payments they received to the creditor after the date they filed the hold on the garnishment due to bankruptcy should I get that money back?

It's not your money any more. The bankruptcy trustee may be able to get the money if the amount was high enough, since it is a preference, but not you.


How does a client get their money back if the business files for bankruptcy?

It depends on the chapter they filed and the financial state of the company, most likey not, that is why the filed for bankruptcy, they have no funds.


I voluntarily dismissed my chapter 13 bankruptcy when will they stop taking the money out of my paycheck and will I get any money back?

You wont get any money back, garnishment should stop the next pay period after dismissal.


Being in a chapter 13 bankruptcy do you have to turn over money from an inheritance?

Should money from an inheritance be turned over in a chapter 13 case? the case was filed at least 12 months before the inheritance


My fiance filed chapter 11 bankruptcy and now we want to get married can the court trustee demand more money?

Make sure that it was a chapter 11 and not a chapter 7 or a chapter 13. Many times there are no trustees in a chapter 11 and chapter 11 is almost always a larger business bankruptcy.


Who can garnish your wages?

Any person/creditor to whom money is owed can obtain a wage garnishment after due process of law is followed. Due process means a lawsuit filed and won by the plaintiff, a judgment awarded, the judgment executed as a wage garnishment in accordance with the laws of the state where the debtor resides.


If a bank account is frozen pending garnishment and then comes unfrozen can you take out the money?

Once the garnishment and any related fees are satisfied, the rest of the money is available for use.


Can you keep your ATV after filing chapter 13?

No, this is a luxury item and the trustee will feel like the money is better spent paying off other dept. I was unable to keep two atv's when I filed chapter 13.


If you filed chapter 7 and then received a settlement later on do you have to turn the money over to the trustee?

It depends. If the settlement was for a claim that you had before you filed, and you did not list the claim in your Schedule B, or you did not exempt it if you did list it, you might have to turn the money over to the trustee. Ask your lawyer or consult a local bankruptcy lawyer.


How does someone collect money owed from a person who has already filed chapter 13?

You should file a claim in his/her Chapter 13 case; you may or may not get your money back. If you don't file a claim, you're out of luck; he/she is protected by the automatic stay while in Chapter 13, and by the discharge afterwards. (If you think it's fraud, consult an attorney.)


Where can someone find information about wage garnishment laws?

XpertHR offers information on ensuring compliance with wage garnishment laws. A garnishment is a legal mean for collecting money from an individual to pay off a debt.


What is it called when you owe money for a bill and they take it out of your paycheck?

Garnishment .


Is your money safe in the bank from creditors?

No, they can obtain a court order of garnishment and remove your money at a cost to you.


What does the phrase 'garnishment of wages' mean in the English language?

Wage garnishment means the deduction of money from the salary of an employee. Wage garnishment will continue until the debt is paid or arrangements are paid to pay off the debt.


If you rent a space and they sell items for you can you still get your profits if they have filed chapter 11?

Though laws vary state to state, generally the only way to recoup money from a person or business that has filed for bankruptcy is to sue them civilly. In the lawsuit, you would be considered one of their creditors to whom they still own money.


Can you deduct the amount of money taken out of your paycheck for a garnishment on your tax return?

No


is their way to stop wage garnishment on my wife for money i owed and payed half of it but they ask the full amount they got judgment for it thank you?

The only way to stop wage garnishment is to sue your wife for the money back.


You filed chapter 7 and they are still taking money from your check?

WHO is still taking money from your check? and, for WHAT purpose is the money being garnished? If it is for IRS liens, child support, or some other court ordered payment, those are not affected by bankruptcy filings.


Lien on property in which the debtor filed a Chapter 7 and listed the debt incorrect The lien is still valid but the title co and the lender refuse to acknowledge it How can you collect the money owed?

No.


Can Earned Income Credit money from income tax returns be taken to pay child support arrearages Or is the EIC money considered safe from garnishment?

NO earned income credit is not safe from garnishment. It is the same as taking money out of your paycheck, if you owe, they remove funds from your account.


When a business owed money by a company that filed for bankruptcy the business will?

When a business owed money by a company that filed for bankruptcy the business will Get back very little of the owed money.


What happens when a Chapter 13 bankruptcy is voluntarily dismissed in Georgia?

The same thing that happens when a Chapter 13 is dismissed in any other state. It is as if the bankruptcy was never filed. The automatic stay is lifted and the trustee returns any money left on hand to you.


Can a payroll garnishment be stopped with bankruptcy filing?

Temporarily. But the entity benefitting from the garnishment can motion the court to lift the automatic stay as to the bankrupt's property or money sought to be garnished.


What does a IRS garnishment receipt look like receipt when they take money?

yes