How long does it take to get back garnished wages after bankruptcy is filed? 16 Answers as of July 02, 2013

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.

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Debt Relief Law Center | Roger J. Bus
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: 3/12/2012
J.M. Cook, P.A. | J.M. Cook
Ask your atty about filing a motion for turnover.
Answer Applies to: North Carolina
Replied: 3/8/2012
Ipson Law Firm, PLLC
Ipson Law Firm, PLLC | Michael Ipson
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
Gary C. Harris | Gary C. Harris
Have your attorney file a motion to disgorge.
Answer Applies to: Georgia
Replied: 7/2/2013
Holcomb Chaffin Rogers & Finn | William M. Chaffin
This depends on the party holding the garnished funds.
Answer Applies to: Mississippi
Replied: 7/2/2013
    Law Office of Jeffrey Solomon
    Law Office of Jeffrey Solomon | Jeffrey Solomon
    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: 3/8/2012
    Lindsey Scott and Associates | Lindsey Scott
    You may want contact the trustee about this.
    Answer Applies to: Louisiana
    Replied: 3/7/2012
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    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
    Albert Law Group
    Albert Law Group | Alvin S. Albert
    You obviously did not have an attorney. No attorney would have allowed a garnishment to continue after a bankruptcy was filed. For $3,000 I would hire an attorney to retrieve these funds.
    Answer Applies to: Georgia
    Replied: 3/7/2012
    CS Hansley Law Firm | Chris Hansley
    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
    Ferguson & Ferguson | Jackie Ferguson Graham
    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
    Canty Law Firm
    Canty Law Firm | Timothy Canty
    Did you tell your lawyer about this? If you represented yourself you have a fool for a client.
    Answer Applies to: Colorado
    Replied: 7/2/2013
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    The garnishment of wages should have occurred the day you filed your bankruptcy case for any pre-petition debt.
    Answer Applies to: Michigan
    Replied: 3/7/2012
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    You have to send a demand letter, they will generally not just send it to you.
    Answer Applies to: New York
    Replied: 3/7/2012
    Marc S. Stern
    Marc S. Stern | Marc S. Stern
    Who is your lawyer? They are in deep trouble but something needs to be done in the Bankruptcy Court.
    Answer Applies to: Washington
    Replied: 3/7/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    You need to send the creditor a letter that you need the money back. If not you need to file a motion for return of the funds.
    Answer Applies to: California
    Replied: 3/7/2012
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