How long does it take to get back garnished wages after bankruptcy is filed? - Bankruptcy Law Questions and Answers- LawQA.com

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How long does it take to get back garnished wages after bankruptcy is filed?

My wages have started being garnished. I was discharged in last month, but I am still waiting on my refund for the garnished wages which amount to over $3,000. They took the money out of my pay throughout the whole bankruptcy process and stopped in December 2011.

Answer By Roger J. Bus

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You need to contact your bankruptcy attorney immediately. Once you filed Chapter 7, garnishments should have stopped immediately and any post-petition funds should have been returned. Something makes no sense here, listed and now discharged creditors cannot keep collecting upon you after filing a bankruptcy case unless for something like child support or alimony.

Answer Applies to: Michigan
Replied: 3/9/2012

Answer By J.M. Cook

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Ask your atty about filing a motion for turnover.

Answer Applies to: North Carolina
Replied: 3/8/2012

Answer By Michael Ipson
Ipson Law Firm, PLLC
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I would have your attorney contact the creditor immediate and threaten them with violating the automatic stay if they don't return the money immediately.

Answer Applies to: Utah
Replied: 3/8/2012

Answer By Gary C. Harris

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Have your attorney file a motion to disgorge.

Answer Applies to: Georgia
Replied: 3/8/2012


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This depends on the party holding the garnished funds.

Answer Applies to: Mississippi
Replied: 3/8/2012

Answer By Jeffrey Solomon
Law Office of Jeffrey Solomon
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The wage garnishment should have stopped immediately when you filed the bankruptcy. Your employer might still be holding the money, or they might have sent it to the creditor. They might want the chapter 7 trustee to confirm that he or she is not claiming the funds.

Answer Applies to: Florida
Replied: 3/7/2012

Answer By Lindsey Scott

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You may want contact the trustee about this.

Answer Applies to: Louisiana
Replied: 3/7/2012

Answer By Stephen Harkess
Colorado Legal Solutions
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Wages garnished after your case was filed should be returned to you. How long this takes depends on how hard your attorney pushes the creditor to return the money.

Answer Applies to: Colorado
Replied: 3/7/2012

Answer By Chris Hansley

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They are supposed to stop garnishing on the day you filed your case. They are in violation of the automatic stay. You may have a claim against the garnisher.

Answer Applies to: Florida
Replied: 3/7/2012

Ferguson & Ferguson
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You need to contact your bankruptcy attorney. No garnishments should have been occurring after you filed your bankruptcy. Usually the garnished funds go to your bankruptcy attorney to disburse to you.

Answer Applies to: Alabama
Replied: 3/7/2012

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