Garnishment Question

[grizindabox]

Am I correct in thinking that any garnishment, that my employer has not sent prior to filing, is money that should be returned to me?

Thanks

[DesdemonaB]

Hi Griz

Your release of garnishment paperwork will give your employer a date in which any funds garnished should be return to the defendant. They can't return the funds till they receive the release filed with the court. They also will continue to garnish till they receive that release.

BUT once those funds are return to you they become an asset in your BK, and you must disclose the total amount in your schedules and to your trustee if they ask if "does anyone owe you money?"

If you can exempt the funds, and if your employer returns it via deposit deposit, don't spend unless your lawyer approve (meaning they were able to exempt it). I personally did not spend until my trustee abandoned the asset.

Good luck

[helpmeout]

Depends on the garnishment. A garnishment for child/spousal support should not be returned as you have to pay those regardless.