Would wages be garnished after Chapter 7 bankruptcy? 8 Answers as of September 09, 2015

I filed Chapter 7 bankruptcy in 2009, Pro se and included a credit union. I was notified a writ of garnishment. I resigned before receiving the non-certified writ. Is it legal for them to garnish when I included them in a 2009 bankruptcy?

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Ronald K. Nims LLC | Ronald K. Nims
They can't garnish your wages, or take any other collection action, if the debt arose before you filed the 2009 bankruptcy.
Answer Applies to: Ohio
Replied: 9/9/2015
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You need to see an experienced bankruptcy lawyer on this. With out more facts I can't answer this. Seems very wrong..... Sorry for the delay in answering.
Answer Applies to: California
Replied: 9/2/2015
Stephens Gourley & Bywater | David A. Stephens
Not if they were discharged.
Answer Applies to: Nevada
Replied: 9/1/2015
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
If you received a discharge order then they shouldn't be coming after you now. You might want to take all your information to a knowledgeable local attorney who can evaluate this for you and help out. Because you filed in pro se there might have been problems and the case might have been dismissed. I've seen this happen often.
Answer Applies to: California
Replied: 9/1/2015
Mauritz Van Niekerk, Attorneys at Law
Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
No, they can not garnish if you included them in the bankruptcy.
Answer Applies to: New York
Replied: 8/31/2015
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    This would be a violation of the bankruptcy discharge and would subject the creditor to money damages for your legal fees and inconvenience. Since I see this scenario so infrequently, I wonder if there is not more to this story. If so, the missing details could change everything. Get thee to a bankruptcy litigation expert.
    Answer Applies to: Nevada
    Replied: 8/31/2015
    Bunch & Brock, Attorneys-at-Law
    Bunch & Brock, Attorneys-at-Law | W. Thomas Bunch II
    This creditor may have violated the Fair Debt Collection Practices Act (FDCPA), and if the creditor continues to report this as a debt that is still due and owing to the credit bureaus, then the creditor may also violate the Fair Debt Reporting Act (FCRA). It is very important to save all the written communication from the creditor (it is evidence) AND to write down the date & time of every phone call from the creditor, including the details of the conversation and the name of the collector. You need to know that you only have 1 year from the date of the violation (or multiple violations) to bring a lawsuit, so it is very important to see an attorney as soon as possible. Finally, you or your attorney MUST demand "validation" of the debt from the creditor to make a claim for a violation of FCRA. My law firm does this kind of work, so please give us a phone call.
    Answer Applies to: Kentucky
    Replied: 8/31/2015
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    No, you can file for a discharge violation.
    Answer Applies to: New York
    Replied: 8/31/2015
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