What do we do if they start to garnish our Wages? 18 Answers as of June 28, 2011

My husband filed bankruptcy 15 years ago and 2 months ago they started garnishing his wages for a loan that was included in the bankruptcy. Please advice if there is anything we can do. Thanks!

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Financial Relief Law Center
Financial Relief Law Center | Mark Alonso
You would have to provide proof to the creditor that the debt was included in the bankruptcy and discharged at that time. As long as that is the case, the creditor may also be liable for violating the Bankruptcy protection law.
Answer Applies to: California
Replied: 6/28/2011
California's Largest Family of Attorneys
California's Largest Family of Attorneys | Doan Law Firm
Contact your husband's past bankruptcy attorney or the creditor who is garnishing your husband's wages. Show the creditor the discharge letter and the old bankruptcy petition.
Answer Applies to: California
Replied: 5/25/2011
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
If the debt was discharged in bankruptcy, you should get a copy of the discharge order and the schedule that the creditor was listed on (Schedule D, F, etc.) and send a copy to the creditor and to the payroll department so they don't honor the garnishment.
Answer Applies to: Indiana
Replied: 5/24/2011
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
If you're sure it's for a debt that was included in the bankruptcy, I would send them a very strongly worded letter that they are violating the post discharge injunction of 11 USC 524 and they need to remove the garnishment immediately and compensate you for any costs you incurred as a result. If that doesn't work, you need to reopen your bankruptcy case to seek a contempt of court sanction against them. You should also provide a copy of the bankruptcy discharge notice to the sheriff who is handling the garnishment (assuming that's how it's done in your jurisdiction).
Answer Applies to: California
Replied: 5/24/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
Once a debt has been discharged in bankruptcy you cannot be sued and collection efforts must stop. When the debt is as old as you state in your question there probably is also a statute of limitations. You can show your discharge to the creditor and that should be enough to stop collection. Also you can sue the creditor for violation of the bankruptcy discharge. You can also raise the bankruptcy discharge as a defense if a lawsuit is filed.
Answer Applies to: California
Replied: 5/24/2011
    Mercado & Hartung, PLLC
    Mercado & Hartung, PLLC | Christopher J. Mercado
    Contact the plaintiff and notify them that the debt was discharged in BK.
    Answer Applies to: Washington
    Replied: 5/24/2011
    Bankruptcy Law Office of Robert Weed
    Bankruptcy Law Office of Robert Weed | Robert Weed
    Get your bankruptcy lawyer to get the bankruptcy judge to sanction them; if the creditor is using a lawyer, its also an FDCPA violation.
    Answer Applies to: Virginia
    Replied: 5/24/2011
    Greifendorff Law Offices, PC
    Greifendorff Law Offices, PC | Christine Wilton
    Issue a Cease and Desist letter and include your bankruptcy discharge papers. You should send this information to the Sherriff's department that issued the garnishment, and your payroll department, along with the Creditor. Notify EVERYONE. Then, if it continues, hire an attorney to file a lawsuit in bankruptcy court for a violation of the discharge injunction.
    Answer Applies to: California
    Replied: 5/24/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    If the original creditor was notified of the bankruptcy at the time, this debt would have been discharged and the garnishment is illegal. Also, whether as a debt or as a judgment, a debt that old is barred by the statute of limitations in most states and they should not be able to execute on an old judgment. He should contact the attorney who filed the bankruptcy case or another attorney to assist as this is something you likely cannot handle on your own. A contempt motion in bankruptcy court allows for attorneys fees, so an attorney should be able to recover his fees from the creditor if they are violating the discharge order.
    Answer Applies to: California
    Replied: 5/24/2011
    Uriarte & Wood, Attorneys at Law
    Uriarte & Wood, Attorneys at Law | Robert G. Uriarte
    If this loan was discharged, the creditor's actions are in violation of federal law. get counsel immediately.
    Answer Applies to: California
    Replied: 5/24/2011
    Law Office of Nanina Takla
    Law Office of Nanina Takla | Nanina Takla
    Talk to a bankruptcy and/or consumer attorney. If the debt was properly included in the first bankruptcy and discharged, then the creditor is violating the Fair Debt Collections Practices Act and the bankruptcy discharge. You can look up consumer attorneys in your area at the National Association of Consumer Advocates website and bankruptcy attorneys at the National Association of Consumer Bankruptcy Attorneys website.
    Answer Applies to: Oregon
    Replied: 5/24/2011
    Benson Law Firm
    Benson Law Firm | David Benson
    Speak with a bankruptcy attorney immediately to discuss whether this action constitutes a violation of the discharge order.
    Answer Applies to: Ohio
    Replied: 5/24/2011
    Law Office of Harry L Styron
    Law Office of Harry L Styron | Harry L Styron
    You should send them a copy of the bankruptcy petition listing the loan, and tell them that they cannot collect it because it was discharged. You probably can find the Petition on www.pacer.gov website, by searching on your name. You should also get a copy of your credit report, and challenge the report if it shows the debt.
    Answer Applies to: California
    Replied: 5/24/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Get to a lawyer ASAP. You have a good case against them.
    Answer Applies to: California
    Replied: 5/24/2011
    Jackson White, PC
    Jackson White, PC | Spencer Hale
    You need an attorney. If what you say is true, you have a claim against the lender.
    Answer Applies to: Arizona
    Replied: 5/24/2011
    Burnham & Associates
    Burnham & Associates | Stephanie K. Burnham
    You should immediately determine where the authority for the garnishment was given - namely, what Court granted permission to garnish the wages. You should notify the Court AND the Creditor (their attorney if they have one) that the debt was discharged in Bankruptcy and given them the Docket Number from your Bankruptcy Case as well as any documentation you have confirming that debt was discharged (this may include the Petition and Discharge). Lastly, you should demand a full refund of the amounts collected for their violation of the Fair Debt Collection Practices Act.
    Answer Applies to: New Hampshire
    Replied: 5/24/2011
    The Northwest Debt Relief Law Firm
    The Northwest Debt Relief Law Firm | Thomas A McAvity
    Provided that the loan was actually dischargeable in bankruptcy, the attempt to collect on that debt now would be a violation of the discharge order issued in your bankruptcy. You will likely need to retain a bankruptcy attorney to file the required motion to reopen your case to pursue the violation.
    Answer Applies to: Oregon
    Replied: 5/24/2011
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