Help! Creditor violating stay?

[nikcool]

We filed on 7/31 and made sure to include the collection company our old apartment complex hired.

Today we got a garnishment notice from them. Do I need to amend and add them again? We really can't afford to do anything until my husband gets a full paycheck. Do I contact the collector and tell them that I filed (they ARE on the creditors matrix)?

[frogger]

Contact the court that issued the garnishment and provide them a copy of your filing and they should stop it immediately.

[DesdemonaB]

If you received a writ of wage garnishment then so did you employer so let them know too - get them a copy of your Notice of Chapter 7 Bankruptcy Case, Meeting of Creditors, & Deadlines form (I don't remember if it has a form number or not) ASAP but be prepared their hands might be tied till they receive a release of garnishment from the court. A release of garnishment is a petition to the court from the plaintiff asking to end the garnishment (due to BK) - so get the plaintiff's fax number and fax over that Notice of C7 paperwork this morning. Then follow up this afternoon to ensure that they received it - push for when they will file that release in the court.

The court itself might not be able to stop the garnishment without the petition from the plaintiff - so depending on when your husband's payday and when the release has be recevied by your employer you MIGHT have at least one garnishment. If you are garnished you will then have to amend your Statement of Financial Affairs to include the garnishment - then if you have any exemptions left exempt it as the garnished funds will be returned to you a couple pay periods later.

Good luck with everything

[justbroke]

I would definitely follow the advice provided and will advise you to stay on top of this. Some actions actually do "sneak" by the automatic stay, and may not be done on purpose. Since you filed pro se, you must stay on top of this. Make sure you notify everyone that has received the garnishment order and make sure you talk to and serve the bankruptcy notice (again) on the creditor.

[nikcool]

I have to call the court on Monday. I managed to reach the original creditor today, who was aware of the bankruptcy and referred us to the collection agency (who was also on the bankruptcy) The collection agency said 'not to worry about it'. I will call them again first thing monday morning, as well as the court! I will push them to hurry and file that release, and to let me know when they do it.

Any funds they take are post filing funds, since my husband and I filed on 7/31. The court date, according the the courts website was 8/9 (which is the same as a courtdate in a different county where another garnishment was stopped).

[nikcool]

We have to show up to court on Friday to get the court to issue an order, which means DH has to take off time from work.

He's all out of leave and I dunno how they're going to react to him taking yet more time off.

[justbroke]

Why do you both need to go?

[nikcool]

DH just said that he's the only one who has to go, since he is the one being garnished.

[nikcool]

The judge closed the garnishment case! The creditor didn't show up.

[frogger]

The judge closed the garnishment case! The creditor didn't show up.

Sweet! Glad it went your way.

[justbroke]

I had no doubt the Judge would rule that way. The creditor was probably smart by not showing up, since they'd waste money paying the attorney to do so, when there's a Bankruptcy stay in place anyhow! Congratulations.

[DesdemonaB]

Make sure your DH get that paperwork to his payroll department, they have procurdures that they must follow and might not relay on his "word". It's a case of CYA - cover your A$$. Congrats on the V for the case. Good luck with everything.