What should I do if I got a request for a special notice from a chapter 7 bankruptcy? 17 Answers as of January 31, 2012
I filed on 1-2-12 but garnish has not stopped. I sent a copy of the bankruptcy case number to their lawyers and clients. They sent me a request for special notice. What should I do? I filed without an attorney.Free Case Evaluation by a Local Lawyer!
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J.M. Cook, P.A. | J.M. Cook
First, you should hire an atty. Second, the notice means that you have to serve them with all future pleadings in the matter. You and your atty should be filing a motion for sanctions now to stop the collection.
Answer Applies to: North Carolina
Replied: 1/31/2012
Law Offices of Michael J. Berger | Michael J. Berger
A Request for Special Notice is a request that the person filing said request be given a copy of all future filings in the case. You should add this creditor to your proof of service list and serve the creditor with a copy of each and every filing that you make in the future in your bankruptcy case. To stop a wage garnishment, notify the creditor, the sheriff, and the employer of the bankruptcy filing. Do this by providing them with a Notice of Automatic Stay that includes proof of the bankruptcy filing and shows its Case Number. If you cannot figure out how to do this, you may want to hire a bankruptcy attorney to help you.
Answer Applies to: California
Replied: 1/30/2012
McCallum & McCallum | Donald G. McCallum
The request requires you ,and all others served to serve all documents you file [after receiving the request ]on the requestor. The easy answer is you do not have to do anything.
Answer Applies to: California
Replied: 1/30/2012
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
A request for special notice means you have to serve papers to that address when you serve anyone else in the case.
Answer Applies to: California
Replied: 1/28/2012
Gregory J. Wald, Attorney at Law | Gregory J. Wald
If they persist in collecting from you after you have given them notice of the bankruptcy, including the case number, chapter, and location of the court, then you may have the right to sue them for violation of the bankruptcy stay. You would almost certainly need an attorney for this.
Answer Applies to: Minnesota
Replied: 1/27/2012
The Law Office of Darren Aronow, PC | Darren Aronow
Send a letter that they are in violation of the automatic stay and send a demand letter for the return of that money. They will probably not give it to you but they should stop taking anything further.
Answer Applies to: New York
Replied: 1/27/2012
Steven Harrell, Attorney at Law | Waymon Steven Harrell
You can go on the U.S. Bankruptcy Court web site, and get a notice of filing from the clerk of the court. You then need to send that notice to the plaintiff's counsel.
Answer Applies to: Georgia
Replied: 1/27/2012
Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
Send them your case info and they will stop your garnishment.
Answer Applies to: New York
Replied: 1/27/2012
James Branum Law | James Branum
You need to hire an attorney. Most pro-se cases in Oklahoma do not wind up getting a discharge due to errors that non-attorneys often miss. There are many areas of law where pro-se people can do just fine. Bankruptcy IMHO is not one of them.
Answer Applies to: Oklahoma
Replied: 1/27/2012
Ashman Law Office | Glen Edward Ashman
Almost nothing is more foolish than filing a pro se bankruptcy. The fact that you do not know what to do should tell you what a horrible mistake that was. Before you make more mistakes, get a lawyer. You absolutely need one. A lawyer will know how to stop the garnishments. He may even get money back. And, if the lenders knowingly proceeded after filing, he may even collect damages for you for the stay violation. Do not delay. Drop everything and hire counsel today. You have a legal emergency. Good luck.
Answer Applies to: Georgia
Replied: 1/27/2012
Lakelaw - Loop Bankruptcy | David Leibowitz
You don't have to do a thing. A creditor wants to know what is going on.
Answer Applies to: Illinois
Replied: 1/27/2012
Law Office of Louis S. Haskell | Louis Haskell
If you are having problems to the point that you have a wage garnishment in place, filing without an attorney is begging for trouble. Here in Massachusetts, the first thing you want to do is file a Suggestion of Bankruptcy with the court that is garnishing your wages. You want to fax and mail a copy to the opposing lawyers, who frankly are playing with fire by not terminating the garnishment themselves, and walk one into the payroll department of your employer. Your employer should stop the garnishment and send you whatever money they have not forwarded. The other lawyers should voluntarily send you everything he collected after you filed. However, it does not always work that way. You would do well to hire a bankruptcy lawyer to deal with this problem.
Answer Applies to: Massachusetts
Replied: 1/27/2012
Law Office of Christine A. Wilton | Christine Wilton
You need to notify your own payroll department and the Sherriff Dept. that served notice of the garnishment. That should stop it. Ignore the special notice, it only means they're adding themselves to the mailing list to be noticed of actions taken in your case.
Answer Applies to: California
Replied: 1/27/2012
Diefer Law Group, P.C. | Abel Fernandez
You need to send the sheriff notice that you filed the bankruptcy so the sheriff can stop the garnishment.
Answer Applies to: California
Replied: 1/27/2012
Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
To stop a Wage Garnishment you need to provide the Sheriff of the BK, not the attorney.
Answer Applies to: California
Replied: 1/27/2012
Bird & VanDyke, Inc. | David VanDyke
A request for special notice is only a notice that the lawyers want to be noticed on anything that goes on with your case. Don't worry about it.
Answer Applies to: California
Replied: 1/27/2012
