What are my rights if I filed bankruptcy but a creditor who was named in the case garnished my wages?
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What are my rights if I filed bankruptcy but a creditor who was named in the case garnished my wages?
I sent the levy officer, my employer and creditor a copy of my dicharge in a timely manner. I need to know why did my job disregard this information and go ahead with the garnishment?
Asked on November 17, 2013 under Bankruptcy Law, California
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
If your employer was unaware of your bankruptcy and the creditor received the judgment before you filed for bankruptcy, then the bankruptcy did nothing legally to stop it. Automatic stays are negated when an existing litigation and judgment exists. However, if this was not the case here, then the creditor and employer violated bankruptcy laws and should be sued. Talk to your bankruptcy attorney and have him or her deal with the bankruptcy court and trustee on this matter.
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