Does a garnishment typically stop right after you notify them you filed?

[MIGirl]

I filed Ch 7 last week, and on Friday let the company who handles my employer's garnishments on Friday know (My company does not handle the garnishments directly.). They looked up my case on the court's website and said the garnishment would stop. Today I saw my paycheck and they still took it out. When I called, they said it could take 1-2 paychecks to stop. Is this typical? I wasn't told this when I called in and notified them of the filing.

Thanks.

MIGirl

[justbroke]

If you have a case number, they need to return the money to you (or the Trustee). It reads as though this separation of who "processes" the garnishment and which party "garnishes" are separated. To me it appears that the company that deals with the garnishments -- pay the garnisher -- has no control over the payroll itself (your employer who effectuates the "garnishment").

In the end the money taken after the filing of the case is a "technical" violation of the automatic stay. I would inform them, in a writing, that they are in technical violation of the automatic stay and they must return the funds with all due haste.