If I filed my own bankruptcy but the following day a garnishment was placed on my paycheck, what steps do I take to get this removed?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I filed my own bankruptcy but the following day a garnishment was placed on my paycheck, what steps do I take to get this removed?

Asked on November 20, 2014 under Bankruptcy Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You need to send the creditor or collections agent (or law firm) a copy of the filing with a letter stating that you have filed for bankruptcy and  all collection efforts are therefore stayed; copy your employer (e.g. the payroll or HR dept.) on the letter as well. If that doesn't work, contact the bankruptcy court, explain the situation to the clerk (that even though you filed, there is a garnishment) and ask for instructions.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption