Garnishement & Bank account question

[poorinny]

Questions here and I apologize if they has been answered, but, I don't see it on this forum.


Law office on behalf of CC debt has frozen my bank account and are garnishing my wages.

I called ADP who put me on the phone with someone who told me they have an order from the sheriff to garnish with no total amount and no end date. I only owe a little over $2,000.00 and they are taking $400 per pay period. Is this correct? Can they just keep taking money even after the amount has been satisfied?

I saw an attorney who told me as soon as the BK is filed the garnishment will stop & my bank account will be released immediately. Is this true? I ask because the only possible way to file is to give the attorney the BK fees which will be everything liquid I have after I get me next pay and I will need the account money to live over the next weeks until I get paid again...

[justbroke]

Your attorney is correct, but it's not completely "automatic". Some notifications need to be made to the garnishee and the garnishing bank -- a notice of bankruptcy. Your attorney should take care of those. You may want to ask the attorney to make phone calls immediately after the filing of the case -- and a case number i available -- so that ball starts rolling quicker!

Also ask your attorney (to be) what steps they'll take should ADP refuse to stop the garnishment without an order from the Sheriff (e.g. they are not honoring the bankruptcy court's Order of Relief (bankruptcy)).