When do garnishments stop after filing bankruptcy?
We filed bankruptcy and on of the cerditors continues to garnish my account. So everytime I get my paycheck direct deposited it’s gone. What should I do?
I am filing PRO SE. I don’t have a attorney because I didn’t have 1500.00 to retain one. I have called several law offices but attorneys don’t seem to ever be in the office. I already turned in all my paperwork and my case worker said my paperwork was all there and looked great. I just don’t know how to stop the garnishments.
Posted April 7th, 2010 in Bankruptcy Q and A. Tagged: attorneys, bankruptcy, case worker, garnishments, law offices, paperwork, paycheck.
As soon as the creditors receive the BK filing notice, the creditors receive a notice from the attorney telling them you have filed for BK. It depends which BK you have filed. The creditors are to immediately stop sending notices, garnishments, and phone calls. They can show up at the meeting when you are to be present your case to the judge. But ask your attorney, every state may have their own process and legislature.
April 7th, 2010 at 1:48 amGet a new bank account and have your check deposited there. Discuss the situation with your lawyer.
April 7th, 2010 at 1:48 amThe garnishment of your bank account should have stopped IMMEDIATELY upon the filing of your bankruptcy petition. What yuo need to do is get a copy of your notice of petition for bankruptcy (it shows the filing date and index number) and call up your creditor, tell them you filed, and fax them a copy. They should return the money they have taken since you filed, as a preferential payment. If ANY creditor continues to contact you or harass you after you notify them you have filed for bankruptcy they can be punished by the court. Tell them this so they know you know.
You can ask some lawyers for a free consultation, or help with your pro se petition, or you can go to the library and get books that give you a general idea about the stages of bankruptcy. Or you can ask the court clerk with filing questions.
You really should spring for a lawyer for this one–there are all these new twists to filing since the Bankruptcy Abuse and Consumer Protection Act went into effect last October
April 7th, 2010 at 1:48 amThey should have stopped already. Get a new account at a different bank.
April 7th, 2010 at 1:48 am