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    #1

    Garnishment

    My wife and I filed chapter 7 years ago. My wages at work were garnished at 25%. This garnishment is for a debt that was discharged in my bankruptcy. I'm looking for the discharge papers as we've reciently moved and will get a copy if I can't locate it soon. What can I do to recover the money? It was my understanding that a creditor couldn't collect on a debt that was listed in the discharge. Lawyers.

    Kbraun
    Tags: None
    #2
    Sign up for PACER

    PACER: Login
    https://pacer.login.uscourts.gov/cgi-bin/login.pl?court_id=00pcl


    You can get all of your documents here, including the discharge order.
    All information contained in this post is for informational and amusement purposes only.
    Bankruptcy is a process, not an event.......

    Comment

      #3
      When did this garnishment happen? Is/was your lawyer aware?
      Wow. Keep us posted on this. Could be major violations/money here for you.
      DON"T LET THEM GET AWAY WITH THIS! If there is a violation here we are talking embarrassment at work, etc etc... emotional and financial stress.

      And WELCOME to the forum!

      Keep On Smilin'

      Comment

        #4
        Originally posted by kbraun View Post
        My wife and I filed chapter 7 years ago. My wages at work were garnished at 25%. This garnishment is for a debt that was discharged in my bankruptcy. I'm looking for the discharge papers as we've reciently moved and will get a copy if I can't locate it soon. What can I do to recover the money? It was my understanding that a creditor couldn't collect on a debt that was listed in the discharge. Lawyers.

        Kbraun

        welcome to the forum!!

        were you wages garnished then or now?? i'm not exactly certain?

        the creditors would have had to get an order for the judgement to garnish your wages. your atty after you bk should have filed for an order to vacate the judgement that was garnishing your wages. actually, that all should have been halted during your bk process if that is when this transpired. however, if the never was, that is a real terrible situation and your atty should have addressed it.

        you may need to get another atty, one that is familiar with the filings of such motions, he/she can then petition the court to see about getting some of your money back. now, it works differently in each state...i.e. in nj you can file the motion to vacated immediately following your discharge, whereas, in florida i found out it's a year after the discharge.
        8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

        Comment

          #5
          Originally posted by keepsmiling View Post
          When did this garnishment happen? Is/was your lawyer aware?
          Wow. Keep us posted on this. Could be major violations/money here for you.
          DON"T LET THEM GET AWAY WITH THIS! If there is a violation here we are talking embarrassment at work, etc etc... emotional and financial stress.

          And WELCOME to the forum!

          The bankrupcy was in 2007 but the garnishment is still happening. One more pay period and it's done. The collector took the account and it said the account was opened in 2012 but that isn't true. That is when the collector took the account over. The original debt was included in the discharge in 2007.

          Comment

            #6
            HUH????
            When did garnishment begin? Why did you wait so long???
            How much did they take?
            This is a wtf moment lol..... start talking to attornies. They should be all over this.

            Keep On Smilin'

            Comment

              #7
              Originally posted by kbraun View Post
              The bankrupcy was in 2007 but the garnishment is still happening.


              One of the main reasons why people file for BK is to STOP garnishments.
              Filed CH7 9/24/2010, 341 on 10/28/2010, Disch.&Closed: 1/6/2011. FICO EX: 9/2: 672.
              FICO EQ: pre-filing: 573, After BK Public Record: 568, 10/3: 673.
              FICO TU: pre-filing: 589, After BK Public Record: 563, 9/2: 706.

              Comment

                #8
                Originally posted by keepsmiling View Post
                HUH????
                When did garnishment begin? Why did you wait so long???
                How much did they take?
                This is a wtf moment lol..... start talking to attornies. They should be all over this.
                A few months. I didn't know what the original account was because it wasn't initially listed, only the debt collector was listed. I got another notice from the lawyer when I requested to lower the payments and that one listed the original account (Dell Financial) under the debt collector name. They took 25% or $1,000 a month totaling $2,700. As soon as I get the copy of the discharge I'm going to take action.

                Comment

                  #9
                  Sign up for PACER as Frogger suggested to instantly download your discharge order. Don't wait any longer to take care of this. You should get all of that money back. If after you send them the discharge order they don't immediately stop the garnishment and refund what they've already garnished, get an attorney involved.
                  LadyInTheRed is in the black!
                  Filed Chap 13 April 2010. Discharged May 2015.
                  $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

                  Comment

                    #10
                    This is as clear as mud. If you filed a ch7 then what are these payments for? It is still not clear as to when these garnishments began.
                    11/23/'10-filed ch 13. 1/6/'11-341, confirmed. Below median. Plan completed 11/30/2015. DISSCHARGED 4/4/2016.JP

                    Comment

                      #11
                      Originally posted by spidge View Post
                      This is as clear as mud. If you filed a ch7 then what are these payments for? It is still not clear as to when these garnishments began.
                      The way OP explained it is muddy. But, the garnishments began a few months ago (post #8). The bankruptcy was in 2007 and, based on the first post, this debt was discharged. At least that's how I read it.

                      kbraun, no offense, but you are the low hanging fruit that predatory collectors love. They garnished your wages for a discharged debt and instead of fighting the garnishment, you asked them to lower the payment. Don't let this continue and don't let them get away with your money.
                      LadyInTheRed is in the black!
                      Filed Chap 13 April 2010. Discharged May 2015.
                      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

                      Comment

                        #12
                        Thanks LITR, now I see it.

                        Sounds like some money(yours anyway) and fines coming your way.
                        11/23/'10-filed ch 13. 1/6/'11-341, confirmed. Below median. Plan completed 11/30/2015. DISSCHARGED 4/4/2016.JP

                        Comment

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