Help- Garnishment questions!!

[DesdemonaB]

My wages are currently being garnished by the state for 25%, I received no notice, and I'm pretty sure they were not obligated to tell me either. I was also served a summons a few weeks back but I'll be filed for the BK before the court date and I called the attorney that is suing me and gave him my attorney's information.

I was unaware of the extra paperwork to stop the garnishment. (Yet another thing I've learned on this forum.) So I have to make sure my attorney files a Garnishment Release in addition to my bankruptcy paperwork? It's a state tax debt, does that make any difference? Wouldn't the state know of the BK filing since it's being filed in a state court?

Have you actually filed with an asigned case number yet?

Your employer should have informed you, they would have received a Garinshee Disclosure that they must mail or delivered a copy to the writ of grnishment to the defendant (that's you).

You lawyer does NOT files a Garnishment Release the Plaintiff Lawyer has to and they will only file when they receive your notice of BK 7 letter.

Now my personal experence is based on consumer debt (credit card) not tax debt, but since not all tax debt can be discharged under BK; filing might not stop garnishment or release you from further liability. This is what you need to discuss with your lawyer.

[disconapper]

Thank you for the response DesdemonaB.

I have not filed yet, I'm signing next Thursday, 04/21.

My employer did not inform me, I only found out when I got the first garnished paycheck with the line item (Garnishment-Taxes-State) and then the dollar amount.

I did receive a "Notice of Intent to Levy" from the State however, I'm sure that covers their legal obligation. At the time I received the notice I was not working. I had a temporary lay-off and I guess the State sent my garnishment order to my old employer and as soon as I started back, boom, garnishment enforced.

Interesting enough, I get calls and letters from a collection agency about the state tax debt. It's almost humorous, what more do you want from me, you are already taking 25% of pay.

My lawyer has stated that the tax garnishment will be lifted. He never mentioned the filing of a Garnishment Release though. I'll be sure he follows up with the the release order though to make sure what is supposed to be happening is in fact happening.

[disconapper]

But now I kind of want to know if my employer was supposed to send me a copy of the garnishment order, regardless if it was state tax debt or not....hmmmmm

[DesdemonaB]

I received copies from everyone - the court, my employer, my bank and the State of Michigan - state refunds in MI are garnishable. The first requirement on the Garnishee Disclosure is "The Garnishee (my employer) mailed or delivered a copy of the WoG to the defendant (me) on (insert date)". My payroll department scanned and emailed me the documents as well as mailed them to my address on file.

Oh and they wouldn't accept me sending my copy of the Release - they could not stop the garnishments till they received the courts copies, I had two checks garnish after my BK was filed and it took two more pay periods to have them returned; and my UST asked about them during my 341 but did not pursue them as an asset.

But as I stated this was for consumer debt not tax so I can only speak on that kind of garnishment.