if a debt collector puts a garishment on your bank account after you have filed for chapter 13. what can be done

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if a debt collector puts a garishment on your bank account after you have filed for chapter 13. what can be done

Asked on June 27, 2009 under Bankruptcy Law, Virginia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Once a Chapter 13 is filed no further wage garnishments should be allowed.  When you file bankruptcy a legal "stay" goes into effect which prevents all collection activity that is not approved by the bankruptcy court.  The garnishment should be rolled into the payment plan and not be approved to operate outside court supervision.

However, it is up to your attorney to object to this; he/she will then be granted the authority by the bankruptcy court to remove the garnishment.


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