Garnishment Notice - **** Law Firm

[livelaughlove]

My petition for Ch. 7 was filed on 3/31/09. **** Law firm has been representing Capital One and they are ruthless! They were aware that I was in the process of filing bankruptcy, but they will just not let up. I understand they had the legal right to try to collect this debt until I my case was actually file, but why do they waste their time and resources?

I received a notice of Garnishment in the mail yesterday. It was dated 4/02/09. And my BK was filed 3/31/09. I have a 'Debtor's Answer' form to submit. Can they garnish my wages since I now have filed?

What happens if my employer does garnish my wages if they don't receive my answer in time (I work for a very large company - global). Am I entitled to get any money back that they might garnish?

[blankslate]

No they cannot garnish your wages. I have one personal lawsuit that keeps trying to do that and I keep letting my payroll department know that my case is very much still in process. You need to get a hold of the payroll department ASAP and fax them the 341 meeting notice that you should have with your case number. They are responsible from that point on and can get in trouble as far as I know for taking out a garnishment while there is an automatic stay.

Good luck. You're handling it very well.

[albacore44]

My petition for Ch. 7 was filed on 3/31/09. **** Law firm has been representing Capital One and they are ruthless! They were aware that I was in the process of filing bankruptcy, but they will just not let up. I understand they had the legal right to try to collect this debt until I my case was actually file, but why do they waste their time and resources?

I received a notice of Garnishment in the mail yesterday. It was dated 4/02/09. And my BK was filed 3/31/09. I have a 'Debtor's Answer' form to submit. Can they garnish my wages since I now have filed?

What happens if my employer does garnish my wages if they don't receive my answer in time (I work for a very large company - global). Am I entitled to get any money back that they might garnish?

When was the last date you paid Capital one ??

[relief13035]

When was the last date you paid Capital one ??

Albacore - you are a riot!
Change that avitar fast............

[albacore44]

Albacore - you are a riot!
Change that avitar fast............

yes, I do have a keen sense of humor.

Nothin but love for ya.................

[Floridagail]

capital One law firm is in house and they do not care if you filed, I was judgement proof
and I told them so, they still sued me. Once you acquired your attorney he should sent them a suggestion of bkrptcy notice and filed it with the court. Look up your county civil
court records are public on computer. It should now show bkrptcy. They will not proceed.

[Floridagail]

I hope you called your attorney to handle this for you.

[jennordhavn]

Capital One (actually their lawyer) filed a Dismissal the same day I filed my Ch. 7........lol. I guess they got notified electronically.

[livelaughlove]

Thanks for all of your responses. I notified my payroll department and called the law firm - they were so rude! Anyway, I think I stopped any further action. Hope that's the last I hear from them!