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When you get a garnishment summons will they take money out before your court date?
Usually not however it is based upon the laws in your state. Usually you have the right to appear before a judge to explain your reason as to why the garnishment should not happe. You will have to file a motion most likely to have a hearing. At that hearing bring all pertinent info such as a lease, mortgage statement, bills, child care obligtions etc. The garnishment my get reduced to a percentage of your "disposable income" however you most likely will still have your wages garnished. You should also be aware that the creditor can find your bank accounts and do a bank exection in order to recoup the judgment balance. If you have a judgment against you and you were served with a wage execution your best bet is to call the creditor or his attorney and enter into a payment plan to avoid the actual levy against you.
Salvatore Mattiaccio
President
The Lakeland Group, Inc.
P.O. Box 20
Sparta NJ 07871
(973) 729-2372
What else can I help you with?
How do you get garnished wages back from employer after you file bankruptcy?
It's not going to happen. You owed money and that creditor went to court to get your employer to deduct what you owed them from your paycheck and send it to them. Your employer does not owe you a dime. They followed a court order. They had no choice. You went bankrupt AFTER the garnishment, so anything paid BEFORE the bankruptcy is water under the bridge. You cannot "get money back" on something that was paid before the bankruptcy. Since you went bankrupt, the garnishment should stop but you will not get any money "back".
How long does a loan company have to put a garnishment on your bank acct for a reposession?
They can begin the garnishment when they have court order. It won't end until they get all the money owed, you settle the debt with a buyout agreement or it is included in a bankruptcy.
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.
What is it called when you owe money for a bill and they take it out of your paycheck?
Garnishment .
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.
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 to expect at a court summons for credit card debt?
You have to attend court on the day stated on the summons. On that day, you will be asked if you know about the debt, and whether you accept that you owe the money.
Do you have to show up to court if you received a summons that has already been taken care of?
After reading the discussion page: Even if you paid the store the money, the court may have no knowledge of this. Respond to court to answer the summons and bring the proof of payment with you.
What will happen in court on a summons for a call made that was perceived as a harassing when money was owed?
i made a call to a person that owes me money, it was percieved as a harassing call, i di not make threat but was percieved that way, now a court summons was issued, do i need an attorney?
What is a court issued attachment?
A judgement given by a court to take money directly out of a persons income (wages) as a result of a court case - it is a garnishment on wages.
How do you get garnished wages back from employer after you file bankruptcy?
It's not going to happen. You owed money and that creditor went to court to get your employer to deduct what you owed them from your paycheck and send it to them. Your employer does not owe you a dime. They followed a court order. They had no choice. You went bankrupt AFTER the garnishment, so anything paid BEFORE the bankruptcy is water under the bridge. You cannot "get money back" on something that was paid before the bankruptcy. Since you went bankrupt, the garnishment should stop but you will not get any money "back".
How do you fight back if you have a wrongful garnishment and now they have gotten over payment too?
How do you fight back if you have a wrongful garnishment, you have not been served and your employer has paid your money over to the court?
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.
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.
If settling out of court do I still have to answer the summons?
You would not have to answer the summons as long as the plaintiff agrees not to move for entry of a default judgment for you not answering the summons within the appropriate time. Also, if you do reach a settlement be sure that the plaintiff promises to and does dismiss the lawsuit when the money is paid.
How can you have the wages of your ex garnished?
Only a court can enter a judgment for wage garnishment. If you have some kind of child custody or alimony order, you can petition the court for garnishment based on non-payment. If you think she just owes you money, you have to sue her, she has to subsequently default of a judgment against her and then the court can order her wages to be garnished.
How long does a loan company have to put a garnishment on your bank acct for a reposession?
They can begin the garnishment when they have court order. It won't end until they get all the money owed, you settle the debt with a buyout agreement or it is included in a bankruptcy.
