How can I stop a checking account garnishment when I have filed for bankruptcy?

I live in Michigan & recently went through a divorce, foreclosure, and was laid off at work. For the past year, I have been unemployed & then am currently temping.

My ex-husband declared bankruptcy and basically, our second mortgage wasn’t foreclosed on (it was a different bank than the first mortgage) and that entire balance is now my responsibility. It’s over ,000. I was served last summer and then in Feb 2009 my MI State Income Tax refund was garnished. Now, I received a writ of garnishment from the court and it was sent to me FROM my old credit union. THEY were served with papers on 6-18-09 and thankgod, the account was CLOSED so they could not pull money from the account.

I am fearful that now, they will get to my CURRENT bank & possibly my staffing company where I work.

I checked my current bank acct. and there is still a positive balance but what should I do? Close this account?

NOTE: I secured a bankruptcy attorney and paid in full within the first week. I was given a first draft and returned that to them over 3 weeks ago. I am awaiting a SECOND draft. It has not yet been filed with the courts. Am I not protected yet? Any advice would be appreciated. Thanks in advance

Technorati Tags: acct, amp, bankruptcy attorney, divorce, first draft, first mortgage, foreclosure, income tax refund, money, second mortgage, staffing company, state income tax, state income tax refund, thanks in advance, writ of garnishment

Posted August 18th, 2010 in When To File Bankruptcy. Tagged: acct, amp, bankruptcy attorney, divorce, first draft, first mortgage, foreclosure, income tax refund, money, second mortgage, staffing company, state income tax, state income tax refund, thanks in advance, writ of garnishment.

2 comments:

Robert B:
Draw out all your money in coins and stash it in a jar somewhere where it’ll be safe and nobody knows about it.

Banks are the worst places to keep money when there some legal stuff going on.

The IRS and other nice folks can freeze your assets faster than penguin crap on an Antartic ice cap.

The continues to use your money for whatever banks use other people’s money for but you can’t touch a dime of it until all the slick lawyers clean you out.

Then the bank will charge you for service fees.

GET YOUR MONEY OUT NOW BEFORE IT’S TOO LATE!
August 18th, 2010 at 12:15 pm
MKD:
You are not protected until your BK attorney actually files with the court. The court in turn will notify all the creditors. Then the garnishment should stop if not be sure to call your attorney. Take your money out immediately before they can get take money out before they receive notice. Even if you have to use the cash machines do it now and get out as much as you can. Be there first thing Monday and take out what is left. Be sure there is enough money to cover any checks that are still out. Since your old bank was just served it may take a few days for them to locate your new bank. Good luck.
August 18th, 2010 at 12:15 pm