Wages still being garnished!!!

[hrlylvr2003]

I was informed by me employer the beginning of March that my wages were set to be garnished the next month. I filed for ch. 7 on March 17th. I took a copy of the "automatic stay to my employer and the creditor". I thought everything would be settled. The creditor sent a letter to my employer stating that as of March 17th "the writ of garnishment was dropped" and "Please cease all withholdings for the employee in this matter os of March 17th". Taken care of right? No, my employer said that the creditor was still due my pre-earnings up until the 16th. I tried explaining the automatic stay but this women in payroll said she would have to call the company lawyer to contact my lawyer. I told her I did not have a lawyer. She said the name on the automatic stay-I told her that was just my bankruptcy trustee. Anyway, the company lawyer contacted the trustee and was told to withhold the earnings. So they told me that on my next paycheck that $600 would be sent to the creditor. I don't know what to do, can they really take money from me after I filed ch. 7 even if it is technically money I earned before I filed but have yet to be paid?

[cosmogal]

Contact your bankruptcy trustee. My husband has his wages garnished and they did take money and since then have been holding it cause we are in a chapter 13. They did not garnish anymore than that one time but we have yet to see the money returned to us. It doesn't sound right that they do that to you though. It seems that if there is a order in place to stop the garnishment they shouldn't be able to do it just because it was money earned before. If there is an order in place before you had the garnishment taken out then you shouldn't have it taken at all. It doesn't make sense to me. I mean the garnishment my husband had taken out went to no one and is sitting in an account right now. In fact his employer would like to close it but we sit in limbo cause they never dissolved the garnishment. They just have an order to stop it. Its such a pain but I would definately call the trustee and if possible have them fax something to your employer.
Good luck! Let me know how it goes!

[SMinGA]

Are you trying to get back money that was held from your check before 3-17? Or are you saying they took money from a later check claiming it was from before 3-17? I'm a little confused!

If they garnished $X on 3-16-10, I'm not sure you can get that back...

[hrlylvr2003]

It was money earned before 3/17 but did not get paid to me until 3/31

[justbroke]

[WhatMoney]

LOL, I guess he didn't like your answer in collections, jb. He asked the same question in three forums, Collections, Ch. 7, and General BK, all within 9 minutes of each other. He must think we all hang out in just one forum on the BK board, and wanted 2nd opinions. You'd be surprised how many newbies ask the same question on forums all over the Internet, looking for consensus or something.

[MrBankruptcy]

Sometimes it takes a few weeks to get the whole thing stopped. That's why it's important when you get a judgment against you and you know that bankruptcy is your only way out, you need to move quickly and get it filed so the garnishment l never take effect. Who's served the garnishment on your company? In California, they use the Sheriff's Department and to get the garnishment removed you have to go to them and to your company.