My husband and I filed Ch 13 in 2007. In April 2010 we decided to convert to a 7 as we no longer had the home we were trying to hold on to. However, in Jan. 2010 our wages were garnished for a post-petition debt. The creditor was an individual (former landlord) without an attorney.
Our attorney told us that this would be a very hard thing to get resolved because it was an individual and not an attorney. They gave the woman one week to file a release of the garnishment and to return the money being held by the employer for the creditor.
They did not respond for the first 3 days. On the 4th day, the woman (creditor) responded and said she would take care of this that following Monday. Our attorney gave her 5 days to file the release and then she informed the creditor if it wasn't filed by then that they would be filing sanctions against them in court and they would be out more money.
As of last Friday, there were no papers filed.
Our attorney stated last Friday at 4pm that first thing Monday morning she would be filing for an emergency hearing or motion or something on this creditor because she is in violation of the automatic stay.
Our attorney told us that no one could remove the garnishment on the paychecks except for the creditor .....
Does this sound familiar to anyone??? Does anyone know what this emergency hearing or motion deal is? My husband and I are both confused and frustrated. After paying almost $700 dollars to this attorney we still have no relief on the garnishment.
Our attorney told us that this would be a very hard thing to get resolved because it was an individual and not an attorney. They gave the woman one week to file a release of the garnishment and to return the money being held by the employer for the creditor.
They did not respond for the first 3 days. On the 4th day, the woman (creditor) responded and said she would take care of this that following Monday. Our attorney gave her 5 days to file the release and then she informed the creditor if it wasn't filed by then that they would be filing sanctions against them in court and they would be out more money.
As of last Friday, there were no papers filed.
Our attorney stated last Friday at 4pm that first thing Monday morning she would be filing for an emergency hearing or motion or something on this creditor because she is in violation of the automatic stay.
Our attorney told us that no one could remove the garnishment on the paychecks except for the creditor .....
Does this sound familiar to anyone??? Does anyone know what this emergency hearing or motion deal is? My husband and I are both confused and frustrated. After paying almost $700 dollars to this attorney we still have no relief on the garnishment.
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