In foreclosure can they garnish wages after Ch7 discharge?

[mickeyme]

Our place is up for short sale and we just received an offer today…YAY!!! When I got home yesterday Citi Home Equity sent us a letter that was labeled “WIRE ALERT.” It was in a solid yellow envelope and also written on yellow paper (I guess to grab our attention).

The letter states that since our account is seriously delinquent (since Nov 09’) they are reviewing the account for possible legal action which can result in legal judgment, judgment lien attachment to your other real property and or wage garnishment.

We are Ch 7 discharged as of Jan 09’ and did not reaffirm our condo. With that being said can they still garnish wages or issue judgments against us for the property?

A couple of things that I found fishy with this letter where that the account number listed was missing the last number and that the return address was one that I have not seen and the company listed was Citi Home Equity though Citi Mortgage was listed throughout the letter...oh’ and the “WIRE ALERT” I thought for sure it was a solicitation.

Here are our stats:
Ch 7 discharge – Jan 2009
Did not reaffirm home
Mortgage – 1st – GMAC - $198K; 2nd – Citi Mortgage - $68K
Value - $127K
Last Payment on 2nd: 11/2009
Last Payment on 1st: 02/2010
NOD: filed on 07/22/2010
Submitting buyer’s offer to bank tomorrow 10/20/10

[DebtEnder]

Odds are good this was just a computer spitting out paper. I would give them a quick call and remind them that you are discharged in bk and as such while they can get a judgement on the house threating garnishment is a direct violation of federal BK law. Remind them they sent the threat in writing too, courts like paper trails.

[tobee43]

Our place is up for short sale and we just received an offer today…YAY!!! When I got home yesterday Citi Home Equity sent us a letter that was labeled “WIRE ALERT.” It was in a solid yellow envelope and also written on yellow paper (I guess to grab our attention).

The letter states that since our account is seriously delinquent (since Nov 09’) they are reviewing the account for possible legal action which can result in legal judgment, judgment lien attachment to your other real property and or wage garnishment.

We are Ch 7 discharged as of Jan 09’ and did not reaffirm our condo. With that being said can they still garnish wages or issue judgments against us for the property?

A couple of things that I found fishy with this letter where that the account number listed was missing the last number and that the return address was one that I have not seen and the company listed was Citi Home Equity though Citi Mortgage was listed throughout the letter...oh’ and the “WIRE ALERT” I thought for sure it was a solicitation.

Here are our stats:
Ch 7 discharge – Jan 2009
Did not reaffirm home
Mortgage – 1st – GMAC - $198K; 2nd – Citi Mortgage - $68K
Value - $127K
Last Payment on 2nd: 11/2009
Last Payment on 1st: 02/2010
NOD: filed on 07/22/2010
Submitting buyer’s offer to bank tomorrow 10/20/10

if the amount was listed and discharged on your chapter 7...NO they cannot garnish your wages...did they get a judgment prior that you did not have removed...or have vacated after the chapter 7?

[DebtEnder]

Nod was clearly sent after discharge so I think he is still awaiting the judgement.