What to do if I filed for Chapter13 about 5 years ago and have now just received a notice of garnishment?

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What to do if I filed for Chapter13 about 5 years ago and have now just received a notice of garnishment?

I made payments for years and a few months ago was told by my employer that payments were completed. Then, just last last week I received notice of a new garnishment. It turns out that my discharge was incomplete due to combination of my ignorance in completing the counseling course and the paralegal who never filed my change of address, so I was blindsided. Now the lawyer wishes to charge me an additional $725 to file a motion to reopen the case so that I can file my newly completed credit counseling certificate and certificate in support of discharge. Can do this myself? I have the certificates. Do I need to go to court or can I fax or otherwise submit electronically and pay whatever associated fee?

Asked on December 6, 2013 under Bankruptcy Law, New Jersey

Answers:

Radha Rothrock / Rothrock Law Firm PL Fort Myers

Answered 7 years ago | Contributor

I wouldn't recommend filing a document yourself.  The court holds you to the same standards whether or not you are an attorney or not.

 

Terence Fenelon / Law Offices of Terence Fenelon

Answered 7 years ago | Contributor

The case, if closed, must be reopened prior to filing any supplemental documentation.  The filing fee is identical to the original.  A motion and hearing is necessary to determine the grounds of the request, so a court appearance is necessary.  While you could do it yourself, you would have to abide by the federal rules regarding notice and pleading and I would advise you to hire counsel if you want an effective discharge.  The fee, if the filing fee is included, is reasonable.


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