Do I get the money back from the garnishment? 9 Answers as of February 05, 2015

I missed a bill on my bankruptcy. They are now garnishing me. I am going to amend it. Do I get back the money they already took? It was during the time I filed. My lawyer missed a creditor.

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
That is still a violation of the automatic stay or discharge violation. If you lawyer is not all over this, get another lawyer. You may find one at nacba.org. YES, you get your money back.
Answer Applies to: California
Replied: 2/5/2015
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
If the garnishment occurred after you filed then you should get it back. I would request it back, because they may not send it on their own.
Answer Applies to: New York
Replied: 2/5/2015
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Yes, you should get it back. Your lawyer will have to follow up with the creditor.
Answer Applies to: Colorado
Replied: 2/4/2015
EDWARD P RUSSELL | EDWARD P RUSSELL
Any garnishments of $600 or more taken within 90 days of filing bankruptcy must be returned to you. All dischargeable debts are discharged by the discharge order even if the creditor was not listed in the schedules. Hence no creditor of a discharged debt can garnish monies after the case is filed.
Answer Applies to: Minnesota
Replied: 2/4/2015
Tokarska Law Center
Tokarska Law Center | Kathryn U. Tokarska
Your attorney can and should handle this. An Amendment Cover sheet and amended schedules should be prepared and filed with the court adding the creditor. The documents need to also be served (by mail) to Trustee, US Trustee, and the creditor and their attorney if they have one. In this situation, to try to expedite matters I would actually also fax Amendment to the attorney's office and the Sheriff's Office along with BK Notice, which was mailed out to all creditors by the Court after case was filed. Now the funds. The process of refund takes several steps and parties so it may take a couple of weeks or so. Debtor's attorney notifies the creditor, creditor sends request to stop garnishment to the Sheriff. Sheriff sends request to stop garnishment to employer. If the funds are still being held at the Sheriff's, the Sheriff's office will issue a check to your employer. If this is Sheriff's office in Los Angeles, I know they are frustratingly slow in this process but maybe now they are not so backed assuming less people are being garnished or if they hired additional help. Employer will then either cut you a separate check or include it in the next paycheck depending on how your employer's payroll operates. If the funds have already been forwarded by the Sheriff to the creditor or their counsel, the creditor or counsel will issue a check. It will either be sent to you directly or (more likely) will be forwarded to your attorney (could be made out to the attorney and if so the attorney needs to deposit the funds into Client Trust Account, wait for funds to clear, and then get you a check. Anticipate 2-4 weeks turnaround assuming notice goes out today.
Answer Applies to: California
Replied: 2/4/2015
    Stephens Gourley & Bywater | David A. Stephens
    You should get it back if it happened after the bankruptcy was filed.
    Answer Applies to: Nevada
    Replied: 2/4/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    I'm just wondering if your lawyer missed a creditor, or if you omitted the creditor from the information you provided the lawyer. Theoretically you could recover the money from the garnishmental though I suggest you have your lawyer make the effort. Most garnishments are not very large, and the creditor apparently was acting in good faith so it may not be worth your effort. Good Luck.
    Answer Applies to: Wisconsin
    Replied: 2/4/2015
    Ronald K. Nims LLC | Ronald K. Nims
    Amend your schedule F and add them as a creditor. Then have your lawyer write them requesting return of all funds garnished post bankruptcy. They'll generally return the funds immediately.
    Answer Applies to: Ohio
    Replied: 2/4/2015
    John W. Lee, PC
    John W. Lee, PC | Kim A. Lewis
    I would be sure to file the amendment prior to the return date on the garnishment. If you can get everything completed you may be able to stop the money at your payroll office before it is even sent to the court. You can also amend your Homestead Deed to protect the funds if you are not over the limit.
    Answer Applies to: Virginia
    Replied: 2/4/2015
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