Discover STILL Has Garnishment in Force AFTER I filed.

[Debster222]

I filed on Monday. Called The attorney for Discover and My employer and gave them them my case number and faxed a certified copy of filing notice and they STILL garnished my check this week!

Who can I complain to or what should I do. I filed pro-se.

[BKParalegal]

Some payroll departments cut checks days before the paychecks are due, and if it was in motion and you had an uncaring payroll personnel than this stuff happens. You have to contact Discover (actually there attorney) and they should cut you the check back.

Good Luck

[Debster222]

Some payroll departments cut checks days before the paychecks are due, and if it was in motion and you had an uncaring payroll personnel than this stuff happens. You have to contact Discover (actually there attorney) and they should cut you the check back.

Good Luck

I contacted them both as soon as I got home. I am paid weekly and they had plenty of notice before doing payroll. When you call Discover's attorney, all you get is voice mail. I faxed them too. This really ticks me off.

You mean they have to pay me back?

[BKParalegal]

Yes, but it is times like this where having an attorney, makes it easier. I would also make sure with your payroll that they aren't garnishing your next check as well.

Good Luck

[Debster222]

Yes, but it is times like this where having an attorney, makes it easier. I would also make sure with your payroll that they aren't garnishing your next check as well.

Good Luck

OH, you bet I will. I just FAXed them again and I'm calling them again in the morning.

If I do end up having to make a report about it or get someone to stop them, who do I contact? The bankruptcy court....trustee??

[BKParalegal]

Trustee doesn't give a crap, and there isn't a report to file. You will have to request a hearing with the judge in regards to the creditor violating the automatic stay. This is if they don't return the funds to you.

Good Luck

[ssdsco]

I read somewhere that creditors have to return garnished wages for several months in advance of the BK file date if the money falls under a BK exemption.

Maybe someone can confirm this is correct or not.

[Debster222]

I read somewhere that creditors have to return garnished wages for several months in advance of the BK file date if the money falls under a BK exemption.

Maybe someone can confirm this is correct or not.

Well, if that's true, then they owe me a bunch! However, I'd be happy just to get back this last one they took out and have them stop taking any future amounts.

[deafbroke]

Did you file with an attorney? If so let the attorney handle it. If not, go to nbankruptcy court clerk and explain it and they will help y ou through the process.


DB

[lrprn]

Well, if that's true, then they owe me a bunch! However, I'd be happy just to get back this last one they took out and have them stop taking any future amounts.

For heavens sake....close your current account (or leave $5 in it if you are emotionally attached to it) then open a new checking account at a new bank. Discover can't take money out of an account that they have no legal right to raid.

What is hard to accept that sadly it doesn't matter that you are in the right here. Discover doesn't care. They don't see you as a threat since you've kept the account open and stocked with cash even after they've taken money from it without your consent.

To guarantee 100% that Discover can't do this to you again while you try to get back what they've already taken illegally from you, open a new account at another bank tomorrow and start doing business with them by return receipt mail. No more phone calls!

[arkienurse]

For heavens sake....close your current account (or leave $5 in it if you are emotionally attached to it) then open a new checking account at a new bank. Discover can't take money out of an account that they have no legal right to raid.

What is hard to accept that sadly it doesn't matter that you are in the right here. Discover doesn't care. They don't see you as a threat since you've kept the account open and stocked with cash even after they've taken money from it without your consent.

To guarantee 100% that Discover can't do this to you again while you try to get back what they've already taken illegally from you, open a new account at another bank tomorrow and start doing business with them by return receipt mail. No more phone calls!

Hey LRPRN, I think they are garnishing her paycheck, not her bank account.

[Debster222]

Yes, they are garnishing my paycheck. If it were my bank, you can bet I'd close the account.

[Priceless ProSe]

Yes, they are garnishing my paycheck. If it were my bank, you can bet I'd close the account.

quit your job, then they cant take your check, thatyll show em

[JRScott]

Actually what I think the problem was is that you didn't fax the info to them or bring a copy. It might take another week to straighten out as you wait for the clerk to mail the official letters, but in the end yes they will have to return any monies garnished after filing.

[Priceless ProSe]

Seriously though, I would keep in touch with the payroll department if I were you (as you said you would). I wouldnt sound needy either, I might try to make it sound like they may or may not be in trouble, "Well I did give you guys notice, its ok well fix this, who is the person over there that I should include on the court documents so we can get this straightened out".

But like I said before I have a pennance for bringing situations to a climax just to see whats gonna happen.

Contacting the clerk seems like a good idea, they might know what recourse you can take, sorry I cant be of help in this area. If it were me I would contact thier attorney and notify him/her that if they did not give back the last payment and stop taking anymore you would go out of your way to make sure the trustee came after the last 6 months worth (or is it 90 days?). In actuality anything before you filed is like a preferential payment that the trustee CAN go after, anything after filing is a violation of the stay and should go back to you.