Help, they are garnishing me 80+ days after I filed BK!!!!!

[DebtZombie]

I am pro-se. Set to be discharged Jan 8th.

A collection agency, listed on the matrix and schedule, has sent my employer garnishment papers for 25% of my pay for the next pay period. This is a huge amount that will leave me screwed with bills unexpectadly.

My HR dept said they need a release from them. This is a small agency, they never answer their phones.

I have personally dropped off a formal request to have them send the release, telling them they are in violation of the stay, with a copy of my filing. They werent there at 4 pm yesterday, so we left it in the payment drop box.

i have called them. i have faxed them.

I just found out yesterday, and work is only giving me until Monday at 10 am, which will equate to not even 2 full business days of notice to get this fixed.

i am gonna keep faxing and calling and DH is driving down there again today.

What can I do?????????? I am so angry!!!!!!!!!!!!

(I have legal insurance thru work, & will call them when they open to maybe get a lawyer to call and threaten them)

Is there anyway I can stop my work from doing this? I dont think not even 2 days is substantial notice. the HR lady is so nice, but I am sure if following rules of some sort.

[tobee43]

did you list this debt as a judgment on your petition??? with the docket number etc.?

if you did, you should be able to show HR they were listed on the petition...i would also immediately call the bk clerk and find out how to file an order of violation against the firm....

good luck!

[ssmdem]

I worry about this too. My husband's payroll department is MILES away as he works for a huge corporation. The only way we'll find out if someone is trying to garnish his wages is when it actually happens, and then I'm sure it will take an act of congress to get it back.

[tobee43]

I worry about this too. My husband's payroll department is MILES away as he works for a huge corporation. The only way we'll find out if someone is trying to garnish his wages is when it actually happens, and then I'm sure it will take an act of congress to get it back.

well, that is NOT the way it is suppose to go....actually the creditor has to go to court....get the judgment and then go in for the garnish....you are SUPPOSE to be notified along the way....i know where we came from they would attach bank accounts and the judges signed orders to do so without the debtors ever being served anything!!!

but what is most important in this situation is why the stay was lifted...or was it??? how could the creditor get the garnish unless the courts lifted the stay or they are in violation of the stay.....

[DebtZombie]

I will ask HR if I show them a copy of the petition with the collector listed, if they will release it themselves. Doubt it.

They are in certain violation of the stay. I have checked Pacer and been on top if this and no stay lift request was submitted to the court by anyone.

This is worth some money possibly I hear LOL. But NOT worth the headache I have right now in fear they are gonna take what is not theirs, and make me fight to get it back if I cant get this fixed.

I did read that I could contact the sheriiffs office who served the notice and they have authority to release it also. I have asked HR for the sheriff dept that served it, so I can contact them and give them my employers fax # to send a release to.

This is from a judgement several years old. i was making $25 a month payments, but stopped when i filed BK. Maybe they are just idiots, and they are gonna pay for this.

i am going after this from every angle, scared to miss one. wahhh

[Freddy03]

I worry about this too. My husband's payroll department is MILES away as he works for a huge corporation. The only way we'll find out if someone is trying to garnish his wages is when it actually happens, and then I'm sure it will take an act of congress to get it back.

Do you have a judgment already? If so you can file an affidavit claiming head of household exemption w/ the court. Very easy to do. Just go to the court house and they will do it for about $3.00 (cost of the notary). The Plaintiff has only a few days to contest the affidavit. If they do not contest the exemption then they can not garnish wages of the HOH. This also works for bank accounts. This will buy 6 months before they can try to levy any joint bank accounts.

[tobee43]

I will ask HR if I show them a copy of the petition with the collector listed, if they will release it themselves. Doubt it.

They are in certain violation of the stay. I have checked Pacer and been on top if this and no stay lift request was submitted to the court by anyone.

This is worth some money possibly I hear LOL. But NOT worth the headache I have right now in fear they are gonna take what is not theirs, and make me fight to get it back if I cant get this fixed.

I did read that I could contact the sheriiffs office who served the notice and they have authority to release it also. I have asked HR for the sheriff dept that served it, so I can contact them and give them my employers fax # to send a release to.

This is from a judgement several years old. i was making $25 a month payments, but stopped when i filed BK. Maybe they are just idiots, and they are gonna pay for this.

i am going after this from every angle, scared to miss one. wahhh

just so sorry you have to go through this now....but actually, if you KNOW they are in violation of the stay i would immediately contact the bk court clerk to see what you can file or which order to file since they are clearly in violation...i would get their butts!!!!!!

[ssmdem]

Do you have a judgment already? If so you can file an affidavit claiming head of household exemption w/ the court. Very easy to do. Just go to the court house and they will do it for about $3.00 (cost of the notary). The Plaintiff has only a few days to contest the affidavit. If they do not contest the exemption then they can not garnish wages of the HOH. This also works for bank accounts. This will buy 6 months before they can try to levy any joint bank accounts.

No, we were served with a summons right before we filed that said we had 20 days to respond. The 20 day mark was two days before we filed, and I asked my attorney if I needed to respond since we would go past that mark before filling. She said no because the bankruptcy would be filed before they had a chance to really do anything anyway. The account, as well as the collections case number with the summons is all on our bankruptcy petition. This part is under "suits and administrative proceedings, etc." with the status listed as pending. This is enough to stop this one suit - right? And anything else I would be served for first, correct?

[tobee43]

ssm...i would also post this is in the florida discussion group area...maybe someone there has an exact answer...http://www.bkforum.com/group.php?groupid=9


as far as i know...IF the creditor did not get a judgment in court you should be fine...and even if they did, you can file a motion to vacate the judgment AFTER the discharge of your bk.

[tcreegan]

Hi all,

The account, as well as the collections case number with the summons is all on our bankruptcy petition. This part is under "suits and administrative proceedings, etc." with the status listed as pending. This is enough to stop this one suit - right?

You would think so, but usually not. Problem is paper from the BK court getting mailed but not filed w/ the local case # on it. Another problem is the 'suits etc' line on the Statement o' Financial Affairs is for BK info, doesn't generate a contact from BK court to local court.

DebtZombie....for all you have been through I hope you run them up the flagpole and have the BK judge shake them down for a nice 3-figure sum for your trouble. Be sure to document everything, including the time you spend dealing with this.

Stopping the garnishment might be tough given the bureaucratic log-jam. You might want to get tough w/ HR, go over their head, show management that the garnishment is illegal and that something has to be done ASAP. ...maybe imply your lawyer is concerned and doesn't want to involve the company in any litigation...

And in all your free-time (HA!) go to the court where the judgement was entered and ask for an emergency injunction to stop the garnishment. Then file a motion to vacate/set aside the judgement.

Tom in Colo

ps: Thanks Freddy, but I think the head of household exemption affidavit is Florida specific.

[free2breathe]

Perhaps you should contact the clerk of the court where the judgment was issued and find out the procedure to file a "Suggestion of Bankruptcy". They can't give you legal advice, but if you explain that you've received notice of garnishment and that you have already filed your bankruptcy petition, they should be able to at least tell you what forms to fill out and file with them.

[Freddy03]

ps: Thanks Freddy, but I think the head of household exemption affidavit is Florida specific.

It is Florida specific. Ssmdem is in FL

[DebtZombie]

UPDATE

My work would not take anything I sent them, no petition copies, nothing. Collection Agency wasnt calling me back. So, I went down to the courthouse.They wanted me to pay $92 to file a motion to release the garnishment. NO kidding! I didnt pay it, but she stamped it motion filed, and told me i could probaqbly pay later if i wanted to. I spoke to the judge's clerk directly, she told me they would need to set a hearing 10 days out. SShe said it would NOT stop the garnishment, but they would have to schedule the hearing. She called the laywer to set up a time, he answered her cal!! FIGURES!!!!

She explained why she was caqlling and that he would have to appear to answer. I spoke to him them as I was right there and he promised to fax it over to my HR. The judges clerk gave me her desk # and told me to call her back if he didnt follow thru.

HR got the FAX an hour later.

I did know I had to get the judgement cleared AFTER discharge, but neglected to notify the court specifically of this case # in association with the bankruptcy petition. No excuse as the colection agency received notice of the BK and still followed thru.

The guy was so nice, but my hubby and I have been stressed to no end the last 2 days and I am 8 weeks pregnant now and this is the last thing I needed stress wise. I am still considering going after them, but am curious as to what amount of effort/money it takes to follow thru??

[ssmdem]

Hi all,

The account, as well as the collections case number with the summons is all on our bankruptcy petition. This part is under "suits and administrative proceedings, etc." with the status listed as pending. This is enough to stop this one suit - right?

You would think so, but usually not. Problem is paper from the BK court getting mailed but not filed w/ the local case # on it. Another problem is the 'suits etc' line on the Statement o' Financial Affairs is for BK info, doesn't generate a contact from BK court to local court.

And just called our local court. Nope, they have no record of the filing. Guess I'll be making yet another phone call to my attorney. Can I charge for my time as well???