Wage garnishment of paycheck

[exitar]

I have been getting my pay garnished since july so I filed chapter 7 pro se on 8/30.
I still am getting garnished so I called my work HR department and faxed them my bankruptcy papers.Now as of yesterday's payday the garnishment is still going on.
My question is how do I go about getting refunded by my creditor for the two checks I have gotten since filing that have been garnished?

[exitar]

anyone have any ideas?

[LaurieM]

Hand deliver a copy of your bankruptcy filing notice over to the local court that issued the garnishment order so they know you filed and which case it belongs to. That will get the garnishment stopped. Write a letter to the attorney for the creditor who garnished you (that contact info will be on the court documents you rec'd and on the garnishment notice - fax it so you have confirmation of receipt...don't wait for it to get to them via mail... include a copy of your notice of filing and ask for the funds back. This is why filing bankruptcy with an attorney is worth the cash it costs you.... some law firms (not all) take care of getting the garnishment stopped and of getting the funds back for clients. They know what to say to "motivate" the creditor to turn over the garnishment funds.

[DesdemonaB]

Hello Exitar

I was wondering what happen with is.. I am going through the same exact thing, I filed pro se and from what I read I have to send everything to the attorney, I already sent copies to my payroll office but I wondering how I can get my $$ back for last paycheck.

[exitar]

I contacted my HR dept and faxed my bankruptcy filed form and they stopped the garnishment.
I also called the people that were garnishing me and they sent back both checks very easy.

[bkDude]

Good to here that it worked out and thanks for letting everyone know the final outcome.

BKDude in CO