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If you filed chapter 13 and joint bank acct was garnished will they to unfreeze your funds?
In the state of North Carolina it is illegal for any organization to garnish your wages. I'm not sure the state that you filed your Chapter 13 bankruptcy, but my suggestion is contact your bankruptcy attorney and tell him the situation.
What else can I help you with?
When will your garnishment funds be returned?
If they have been legally garnished (the garnishment was sanctioned by a court) then they will not be returned.
Does filing bankruptcy stop garnishment of wages due to judgment on credit card debt?
Filing bankruptcy can stop a garnishment immediately. Ifall funds that have been garnished have been properly exempted, the garnished funds can even be returned to the debtor. When a bankruptcy is filed, a special provision of the bankruptcy code kicks in and stops all creditor action to collect a debt. The special provision of the bankruptcy code is Section 362 and is called "the Automatic Stay". The Automatic Stay is a court order to all creditors to stop collecting debts immediately. When a paycheck or bank account is garnished, money is taken from the paycheck or other account and held until a certain time when the money is supposed to be delivered to court and turned over to the creditor. The date that the creditor is supposed to pick up the garnished funds in court is often called "the return date". If a bankruptcy is filed before the return date set for the garnishment, the garnishment is immediately stopped and the creditor cannot continue to collect the debt through the garnishment method. However, understand that the debt the garnishment is paying isn't extinguished or reduced...it will be resolved in the BK. The above probably won't apply to child support or such...which rightfully gets no breaks.
What receives and acts as custdian of chapter funds?
The entity that typically receives and acts as custodian of chapter funds is the chapter treasurer or a designated financial officer. This individual is responsible for managing the chapter's finances, ensuring proper accounting, and safeguarding the funds. Additionally, some organizations may have a finance committee to oversee financial activities and maintain transparency. Proper financial protocols and reporting are essential to ensure accountability and compliance with organizational guidelines.
Can a joint marital bank account be garnished in Virginia?
Yes, a joint marital bank account can be garnished in Virginia. If one account holder has a debt that results in a court-ordered garnishment, creditors can potentially access the funds in the joint account, regardless of which spouse deposited the money. However, the non-debtor spouse may need to prove their ownership of the funds to protect their portion. It's advisable to consult a legal professional for specific circumstances and guidance.
Can your wages be garnished after the judgment amount is met?
If there is additional monies due then the creditor would need to go back to court for a court order to acquire additional funds not met on the original writ.
Can you get the money back that was garnished before you filed chapter 7?
Yes, but it must be listed correctly in your bankruptcy paperwork. It must be listed as both an asset and must be exempted for the trustee to return funds to you.
Is there a minimum for garnished funds to be returned when a bankruptcy is filed?
Garnished funds will NOT be returned to you. If it was a significant amount, the bk Trustee can claw back that money and use it to pay your creditors. Otherwise, that money is gone.
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.
Can federal work study income be garnished?
No. Federal work study funds are for educational expenses only and cannot be garnished.
Can your home be garnished if jointly owned by your wife?
A home cannot be garnished. Your wages or bank account could be garnished. Your home would be liened. Whether or not a lien can be placed depends on who is seeking funds from you and why.
Filed petition for bankruptcy while a judgment froze bank accounts but the plantiff has not been paid does he have to submit an order to release due to the bk automatic stay laws?
If you filed the petition before the funds were transferred to the plaintiff, the automatic stay applies and the funds are property of the bankruptcy estate, except to the extent you can exempt them. Your lawyer (and if you don't have one, get one - this is not something for nonlawyers to do) can do what is needed to unfreeze the accounts and do as much as s/he can to keep the funds in your possession.If you do nothing, the creditor may file a motion for relief from stay which you must respond to and attend a hearing on to protect your funds.
When do you get garnished child support check in mail?
Most garnished support is sent to a State disbursement unit. How quickly it's distributed depends on factors such as how quickly the employer or other payor of income forwards the garnished funds, the level of efficiency of the disbursement unit, whether there is an appeal pending in that matter, and whether the State is owed some of all of the garnished funds.
When do you receive garnished child support check?
Most garnished support is sent to a State disbursement unit. How quickly it's distributed depends on factors such as how quickly the employer or other payor of income forwards the garnished funds, the level of efficiency of the disbursement unit, whether there is an appeal pending in that matter, and whether the State is owed some of all of the garnished funds.
Does the state of Missouri allow Health Savings Account funds to be garnished?
yes
When will your garnishment funds be returned?
If they have been legally garnished (the garnishment was sanctioned by a court) then they will not be returned.
What is a 9 letter word that means to receive a act as custodian of chapter funds?
The treasurer is responsible for the chapter's funds.
When do you get child support from state if taken out of ex husbands check?
Most garnished support is sent to a State disbursement unit. How quickly it's distributed depends on factors such as how quickly the employer or other payor of income forwards the garnished funds, the level of efficiency of the disbursement unit, whether there is an appeal pending in that matter, and whether the State is owed some of all of the garnished funds.
