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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?
Wiki User
∙ 15y ago
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.
Wiki User
∙ 15y ago
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Does wage garnishment stop the day you file Bankruptcy?
It should, but only for as long as the bankruptcy is active, and only so long as the debt is listed after the bankruptcy is discharged. More accurately, the garnishment must stop when the plantiff in the judgment has received notice that there is a bankruptcy.
How to Determine if You are Exempt from Garnishment?
Garnishment of wages and bank accounts usually occur after a creditor has taken a number of unsuccessful steps to obtain payment for a debt. Garnishment is not a favorable process for creditors because not only do they have to pay legal fees, but it ends up being a hassle for both sides-the creditor and the debtor.In some instances however, a debtor may be totally exempt from garnishment which means that a credit cannot legal obtain payment through this action. Some of the exemptions include the following:Certain forms of income cannot be garnished. These include payments from Social Security and Veterans Benefits or federal employee or civil service retirement benefits. If you receive public assistance based on need, creditors cannot garnish your wages for 6 months after you have received the payments. Payments from these sources are usually exempt from garnishment:Emergency General AssistanceMedical AssistanceEnergy AssistancePublic Assistance that is deposited in a bank account cannot be garnished for 60 days.If you can prove that you will not have enough money to live on and pay for basic necessities such as food, you may also qualify for exemption of garnishment. Additionally, creditors are not allowed to garnish more than 25% of your net wages and must leave you with either 75% of your net wages or 40 times the minimum wage (whichever is more.)Additionally, if you are in the process of filing bankruptcy or have filed bankruptcy, you are exempt from garnishment through the automatic stay. All creditors must cease collection activity to allow you time during the bankruptcy to focus on getting your finances in order. The automatic stay may also halt foreclosures and repossession of property.Before the garnishment begins, you will receive paperwork in the mail that will include an exemption form. It is important that you complete this form and return it. If you do not respond to the creditor or complete the necessary paperwork, the garnishment will most likely be processed. If you are not sure if you are exempt from a wage or bank garnishment, contact an attorney.
You filed your bankruptcy and a couple of days later you received a garnishment letter can you get the garnished wages back?
To start with you would receive a copy of the Garnishment Summons from the court at your last known address. You would need to advise your attorney so they can "Quash" (no not squash) the garnishment. If at that time your employer has taken any funds from your pay and either sent them directly to the judgment creditor or to the court, the attorney would then request/demand the funds be returned to you- the judgment debtor. If the court receives a copy of the bankruptcy at any time prior to the return court date, they return the original payment to the employer who will then refund back to the employee.
If you have two debtors seeking garnishments are they both allowed 25 percent of your pay or a total of 25 percent combined?
Judgment creditor garnishments must run consecutively. The creditor who received and executed the judgment first will be paid before another creditor can garnish the debtor's wages. If federal garnishment is used rather than state then it can be a maximum of 25% of disposable income with the first weekly based $154.50 exempt from garnishment. Please be advised, if there is child support deduction order in place it takes priority, with the primary judgment creditor's garnishment still valid but secondary in collection.
What should you do if a creditor continues to call your job after you have filed for a chapter 13?
If the creditor is a participant in the chapter 13 then they should have received notification from the bankruptcy court. The bankruptcy petitioner should notify the trustee that the creditor is in error. If the creditor is not a participant, they can continue to contact the debtor until they are notified in writing to "cease and desist".AnswerSend the creditor a written letter stated they are to cease contacting you by phone immediately and Amy only contact you through written correspondence. This is allowed by the Fair Debt Collections Act, a federal law. That should at least get you started.
How long can a garnishment last in mi?
Typically garnishments last as long as the debt remains unpaid. Check the documentation you received from the garnish presenter and you should see your total indebtedness and subtract the payments you have made from it.
When accounts are purchased by another lender which do you list when filing for bankruptcy?
You list the creditor or collector of the last notice your received. For example if you received a collection notice from an agency for a debt from Capital One you list it in that form. XXX agency for Capital One acct.
How does stop wage garnishment work?
Simple answer: you can't. Wage garnishments are awarded by the court upon the application of your creditor(s). You shouldhave received a notice that this was going to happen and offering you the chance to appear to contest it. Now that it has occurred you will have to go to court and file a motion for reconsideration and see if it is possible to re-open your case.
How long can they garnish your wages in Georgia?
In Georgia, a creditor can typically garnish your wages for up to 20 years to collect a debt. However, there are limitations on the amount that can be garnished each pay period, based on federal and state laws. It's important to check specific regulations and seek legal advice to understand your rights in your situation.
You received a court summons for unpaid medical bills Is this a garnishment?
No
How do you find creditors' addresses for filing bankruptcy?
Check your Credit Report. It has the names, addresses, and phone numbers of each of the creditors used over the past 7 years. Call or go on-line to contact all three Credit Reporting Agencies. The Bankruptcy Code as amended in 2005 requires you to use the creditor's address that is on the last three written notices that creditor has sent you. If you have not received anything in writing from them in a while, then go online and search for the corporate address and telephone number. Call them and ask them what their company's bankruptcy address is. Write down the steps you took to obtain the proper address in case you need the information later. Use all addresses you have for that creditor in your bankruptcy schedules and mailing matrix - overkill is better. Failure to properly notify the creditor may result in that debt not being discharged so treat this as one of the most important aspects of filing.
You were late on car payment but it is caught up but you received a wage garnishment and the company said you still have to make monthly payments is this true and you were not served at home?
Sounds like a better option than repossesion. Your case has gone to court for the past due amount and even though you were not served as long as they tried it's all they have to do. the garnishment will continue until the past due amount is satisfied and yes you still need to make the payments. But at least you get to keep the car.
