Is this legal for my employer got a letter to garnish my wages for a debt that was included in the discharged bankruptcy in 2013? 21 Answers as of September 18, 2014

I filed chapter 7 and it was discharged in January of 2013.

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SmithMarco, P.C.
SmithMarco, P.C. | Larry P. Smith
No. Not at all. If the debt was discharged, it is not subject to garnishment. Such conduce violates the Fair Debt Collection Practices Act. We handle those cases.
Answer Applies to: Illinois
Replied: 9/18/2014
Stephens Gourley & Bywater | David A. Stephens
If the employer has a writ of garnishment he has to follow it. You should contact the garnishing entity or attorney and demand they withdraw the garnishment. If they refuse you will have to take the matter back to bankruptcy court for contempt.
Answer Applies to: Nevada
Replied: 9/16/2014
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
No. You should show object to the garnishment and also write to the creditor sending the discharge paperwork.
Answer Applies to: California
Replied: 9/16/2014
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
That is a violation of the discharge injunction, you need to see a lawyer ASAP.
Answer Applies to: California
Replied: 9/16/2014
Law Office of Susan G. Taylor
Law Office of Susan G. Taylor | Susan G. Taylor
Contact the creditor & your HR department & provide your notice of bankruptcy.
Answer Applies to: Texas
Replied: 9/16/2014
    Idaho Bankruptcy Law | Paul Ross
    If the debt was included and discharged in your bankruptcy, you have a cause of action against the creditor.
    Answer Applies to: Idaho
    Replied: 9/16/2014
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    There's nowhere near enough information to answer your question. Not all debts are discharged in bankruptcy. What kind of debt was this? Did they file a complaint objecting to the discharge of the debt? If in fact the debt was discharged, then they are violating a Federal Injunction by trying to collect on it. You should contact a bankruptcy attorney to assist you in resolving this issue.
    Answer Applies to: California
    Replied: 9/15/2014
    Law Office of Marlin Branstetter
    Law Office of Marlin Branstetter | Marlin Branstetter
    If the debt was discharged in bankruptcy it is illegal to have your wages garnished. You should contact the United States Trustee and your attorney regarding this creditor abuse.
    Answer Applies to: California
    Replied: 9/15/2014
    Tokarska Law Center
    Tokarska Law Center | Kathryn U. Tokarska
    If the debt was discharged it is not legal to collect from your wages. Please contact your bankruptcy attorney and let him/her know this has happened. If you didn't use an attorney, contact the creditor's attorney requesting termination of the order and provide them with copy of your discharge order.
    Answer Applies to: California
    Replied: 9/15/2014
    Ronald K. Nims LLC | Ronald K. Nims
    If the debt was discharged, it's illegal to file a garnishment. You should send a certified letter to the company informing them the debt was discharged. If they continue to harass you, you'll need to re-open your bankruptcy case and sue them for violation of the discharge injunction.
    Answer Applies to: Ohio
    Replied: 9/15/2014
    GARCIA & GONZALES, P.C.
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    No. Call your Chapter 7 lawyer. This is a violation of the law.
    Answer Applies to: Colorado
    Replied: 9/15/2014
    D.J. Rausa, Attorney at Law | D.J. Rausa
    Your employer is responding to a court order. If that court order was obtained in violation of the Discharge injunction, then the remedy lies with you addressing that issue in the bankruptcy court. Violations of the discharge injunction can carry severe penalties. The first thing you need to do is get a copy of the garnishment order, have it reviewed by an attorney to ascertain if it is actionable.
    Answer Applies to: California
    Replied: 9/15/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    It is your issue, your employer must follow the court's order, it is up to your to get the order reversed or rescinded. If the debt was discharged your have rights and can potentially collect damages and your attorneys fees.
    Answer Applies to: Michigan
    Replied: 9/15/2014
    Freeman Law Group, LLC
    Freeman Law Group, LLC | Derek Freeman
    No. Creditors cannot attempt to collect on any debt that was discharged in a bankruptcy. If the creditor did not have notice of the discharge, then you need to contact them and send them a copy of your discharge order. If the creditor continues to garnish your wages even after receiving notice, you will have to sue them.
    Answer Applies to: Colorado
    Replied: 9/15/2014
    Law Offices of Linda Rose Fessler | Linda Fessler
    No, it is not legal. Send the creditor a copy of the notice of bankruptcy filing.
    Answer Applies to: California
    Replied: 9/15/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    You may want to contact your bankruptcy attorney to resolve this matter as if the debt the creditor is garnishing you for was included in your bankruptcy there can be a claim for violating the bankruptcy discharge. Mistakes can happen & it may be that the creditor made a mistake & will correct it. However, some kinds of debts are not eligible to be eliminated through bankruptcy. So return to your bankruptcy attorney for further guidance.
    Answer Applies to: Nevada
    Replied: 9/15/2014
    The Law Office of M Grater LLC
    The Law Office of M Grater LLC | Mark O. Grater
    It is illegal to garnish a debt that was discharged in bankruptcy.
    Answer Applies to: Connecticut
    Replied: 9/15/2014
    Benson Law Firm
    Benson Law Firm | David Benson
    Absolutely not. You have claims under both bankruptcy and other federal laws.
    Answer Applies to: Ohio
    Replied: 9/15/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    No, that is a discharge violation for which we would normally sue them if the creditor was notified properly. If not, then just send them notice and they will most likely retract it.
    Answer Applies to: New York
    Replied: 9/15/2014
    The Orantes Law Firm
    The Orantes Law Firm | Giovanni Orantes
    No. It violates the discharge injunction and you should inform the creditor of that right away. If the creditor does not stop the attempt to garnish your wages, you may need to hire a qualifies attorney to enforce the injunction for you. You should also get back all or most of what you pay the attorney from the creditor in addition to recovering Wharton they garnish from you.
    Answer Applies to: California
    Replied: 9/15/2014
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    No it is not.
    Answer Applies to: New Jersey
    Replied: 9/15/2014
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