Bank account garnished AFTER discharge

[GIn]

My bank account was garnished today and it has been many months since I have been DISCHARGED from BK. The underlying debt in the garnishment was included and was discharged. I contacted my attorney and he wasn't too interested in pursing this and told me I would get a quicker result if I would work it out with the bank and the plaintiff's attorney to get them to release the garnishment. I'm not satisfied with that. I want someone to PAY for the stress and lost time I spent today and probably tomorrow trying to get this thing reversed, plus all of the fees the bank is going to charge due to overdrafts. I know some serious laws have been violated. How would you proceed?

[justbroke]

If this is a true discharge violation, then you should be able to find an attorney that may want to take this on contingency. How much money are we talking about?

[GIn]

Not very much in the checking accounts, but does that matter? It is a true discharge violation - even the clerk at the court was shocked that the writ had been issued.

[karm43]

Can they keep garnishing until this is cleared up? I wouldn't put any money in your account.

[justbroke]

I asked the amount because your own attorney may think it's such a small amount, that you could send the discharge order to the creditor, bank, and creditors attorney and clear this up quickly. If ou can't get an attorney to take it on contingency, and it appears your attorney isn't interested, then you would be paying the attorney fees to pursue this and then would (hopefully and likely) get them reimbursed.

I would start with not putting any more money in that bank! I would then see if following my attorney's advice, by simply contacting the garnisher and the bank to inform them that they are in violation of the discharge injunction. I would send a copy of the discharge order by certified mail (return receipt) to those same parties along with a demand to return the money.

[GIn]

The court clerk told me to contact the sheriff's department to have the writ of garnishment reversed because someone obviously didn't check the court records prior to issuing the writ. I will do that first thing in the morning. However it's not so much the money I'm concerned about. It's the principle that I'm now faced with bank charges and overdraft fees, and the PUNISHMENT they should incur for putting me through this in the first place. I'm thinking of filing a motion for contempt and sanctions for violating a bk discharge. I will be filing pro se. Has anyone done this before?

[kawh]

wow, I did not know garnishment of a bank account could be done so quickly, without any prior notice to you. The court ordered discharge (with the date preceding the other order) should be proof enough to the bank to waive their fees, since they acted wrongly to violate the earlier order, too.

Then there is always the small claims court if you really wanted to pursue it.

[keepsmiling]

Should be about a grand a pop for violations. Your atty is obviously not a boot camper--- they live for this stuff.
Good luck, keep us posted.

[justbroke]

You may not want to do this pro se. I have personally done it, and it is a LOT OF WORK. I have successfully won, as plaintiff, one adversary proceeding (complaint/AP) and one Motion to Re-Open for Sanctions. Both were won -- "dismissed/withdrawn" in my favor -- and to my benefit.

However, you really need to know the procedure for this and be prepared to go all the way to trial. That means, understanding Rule of Evidence and other general rules around service of process, summons, scheduling conference, and the trial.

As stated, you should try to find the so-called bootcampers who live for this stuff! At least they know how to ask the court for the right things to get you some relief and your lost money.

[frogger]

The court clerk told me to contact the sheriff's department to have the writ of garnishment reversed because someone obviously didn't check the court records prior to issuing the writ.

The sheriff's department does not have the power to reverse the writ. The writ was issued by the court system, the sheriff's department only served it. You need to insure that the appropriate court system was listed on your matrix/index and that they have received notification of all of you bk activities. And to note that even if they did, sometimes mistakes happen...........

I will do that first thing in the morning. However it's not so much the money I'm concerned about. It's the principle that I'm now faced with bank charges and overdraft fees

You will probably find that any fees and charges will be reversed by the bank in this situation if you ask.

, and the PUNISHMENT they should incur for putting me through this in the first place.

"PUNISHMENT"???? Who's really going to get punished here?

The bank? No - they followed a legal order of garnishment.

The sheriff's office? No - They served a court document.

The court system? No - That's not going to happen. Perhaps the person that erred may receive a little punishment, however any fines will get picked up by us taxpayers.

I'm thinking of filing a motion for contempt and sanctions for violating a bk discharge. I will be filing pro se. Has anyone done this before?

Do as you please, however if you do file a motion for contempt and sanctions, you need to adjust your attitude and make this a business decision. At this point, it's personal and could be clouding your judgment.

Pity the person that has never made a mistake........