Garnishment & Notice of Stay

[ptaav]

As part of the events that triggered my decision to file Chapter 7, I received a writ of garnishment in late March. Nothing was to be taken from my check until April the 16th. I filed bankruptcy on April 4th, which, as I understand it, protects my wages from garnishment due to the automatic stay. My employer went ahead and removed the necessary portion of my income on the 16th anyway, even though I informed them of my bankruptcy. On the 11th, I went to the General District Court that granted the writ, provided my bankruptcy filing information - they dismissed the garnishment and provided me a copy of the original service document showing the case had been dismissed. My employer has stopped garnishment efforts, but still has the money held on the 16th. I've been in contact with my payroll department. According to payroll, in order to get back the money already held, I need to provide a "notice of stay" from the bankruptcy court. I haven't received anything titled "notice of stay", nor have I been able to find any mention of one in my research. The notice of bankruptcy mailed to me mentions what collection attempts can and cannot be undertaken, but I'm not sure if that's sufficient. I could really use the money withheld to pay my filing fee, however besides providing the notice of bankruptcy, the filed voluntary petition or filing a motion to quash garnishment, I don't see how I can convince my payroll department that yes, I have really filed for bankruptcy, this is not an elaborate ruse.

Any help/advice is appreciated

[justbroke]

Your "notice of stay", is, in fact, the Notice of Bankruptcy. It includes the stay notice quite clearly in that notice.

[Pjmax]

Perhaps a letter with a copy of your notice to your payroll dept, from your attorney would do the trick.