How do I get the money back from garnishment? 20 Answers as of August 01, 2011

If I was being garnished before I started my bankruptcy then how do I get that money back? My bankruptcy is now final and my place of work sent the garnishments off and now the bank that they sent the money to is saying that they only have to give me the garnishment that happened after I filed? Is this true?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Tt is true. They only have to refund the post filing garnishments.
Answer Applies to: California
Replied: 8/1/2011
Breckenridge and Walton
Breckenridge and Walton | Alan D. Walton
If you listed the amount as an asset and exempted it, then the trustee abandoned (and it is more than $600 in the 90 days prior to filing you case) then you can file a motion under section 522(h) and 547 to recover the funds.
Answer Applies to: Michigan
Replied: 7/29/2011
Carballo Law Offices
Carballo Law Offices | Tony E. Carballo
It is true. There was a way to recover the money garnished within 90 before you filed the bankruptcy case by filing an adversary proceeding (lawsuit in bankruptcy) against the bank assuming you exempted the funds taken and the Trustee was informed and abandoned the funds. That is complicated and you would need to re-open the bankruptcy case which requires a motion and fee to the court. If the amount is substantial you should discuss such action with your attorney to see if it is worthwhile given the legal fees and costs of doing that at this time.
Answer Applies to: California
Replied: 7/26/2011
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
Yes, unless you listed the pre-bankruptcy garnished amount as an asset, exempted it, and then brought a motion to avoid the lien with the bankruptcy court.
Answer Applies to: California
Replied: 7/26/2011
Apple Law Firm PLLC
Apple Law Firm PLLC | David Goldman
Your bankruptcy lawyer should be able to deal with this. Depending on the type of bankruptcy and what the money was from, it may not help you but only increase what the trustee gets to give to the creditors.
Answer Applies to: Florida
Replied: 7/26/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Hopefully you did your case with a lawyer. A lawyer would have resolved this long ago. What you do and don't get depends on when it was taken AND on whether you filed proper exemptions for it.
    Answer Applies to: Georgia
    Replied: 7/26/2011
    Ray Fisher Law Offices
    Ray Fisher Law Offices | Ray Fisher
    The short answer is they are right. Talk about this with your bankruptcy lawyer.
    Answer Applies to: Texas
    Replied: 7/26/2011
    Tucker Legal Clinic
    Tucker Legal Clinic | Samuel Tucker
    Yes, they would have to return funds that were received after the date you filed, but not before.
    Answer Applies to: Mississippi
    Replied: 7/26/2011
    Law Office of Harry L Styron
    Law Office of Harry L Styron | Harry L Styron
    I assume from what you said that you filed a Chapter 7 bankruptcy. If this is not true, then the following doesn't apply. The bankruptcy trustee has the right to get a certain part of the pre-petition garnishment proceeds back from the bank, but you do not. Everything that you owned, less exempt items, becomes property of the bankruptcy estate upon the filing of the petition. So the bank is responding correctly.
    Answer Applies to: California
    Replied: 7/26/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    You are only entitled to a refund of amounts earned, but garnished,after your case was filed with the court.
    Answer Applies to: Indiana
    Replied: 7/26/2011
    Mauritz Van Niekerk, Attorneys at Law
    Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
    Yes.
    Answer Applies to: New York
    Replied: 7/25/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Most likely yes. Any money subject to a garnishment within 90 days before filing can be recovered as a preferential payment, but that right belongs to the Chapter 7 trustee, who would distribute the money recovered to your creditors. If you could claim the funds as exempt from the trustee taking it to pay creditors, the trustee would have no interest in recovering the money since it would not benefit creditors.
    Answer Applies to: California
    Replied: 7/25/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    The trustee in your bankruptcy can seek reimbursement for involuntary garnishments incurred before filing. Sometimes this means you can get the money back. However, if you wait too long and your case is discharged you cannot go back and seek to recover the money garnished.
    Answer Applies to: California
    Replied: 7/25/2011
    Law Offices of Michael J. Berger
    Law Offices of Michael J. Berger | Michael J. Berger
    The bank is right.
    Answer Applies to: California
    Replied: 7/25/2011
    The Port Law Firm
    The Port Law Firm | Edward Port
    If a garnishment was executed and served on you prior to you filing bankruptcy, the creditor is allowed to receive all funds which were subject to the garnishment up to the point of the filing.
    Answer Applies to: Florida
    Replied: 7/25/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    Did you represent yourself? A lawyer would have filed right away to get back everything that was taken. It's true they can't collect after filing, so you can at least get that back.
    Answer Applies to: Virginia
    Replied: 7/25/2011
    Law Offices of Daniel Moulton
    Law Offices of Daniel Moulton | Daniel Moulton
    Yes.
    Answer Applies to: Illinois
    Replied: 7/25/2011
    Dan Shay Law
    Dan Shay Law | Daniel Shay
    It is true, you need to re-open your Bankruptcy and file a motion to avoid lien and/or motion to recover preference.
    Answer Applies to: California
    Replied: 7/25/2011
Click to View More Answers:
12 3 4 Free Legal QuestionsConnect with a local attorney