If my wages have been garnished, once I file Chapter 7 what will I have to do to get that money back?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my wages have been garnished, once I file Chapter 7 what will I have to do to get that money back?
Asked on November 21, 2013 under Bankruptcy Law, Alabama
Answers:
Terence Fenelon / Law Offices of Terence Fenelon
Answered 10 years ago | Contributor
Do you have an attorney? if so, ask him to file a preference action to recover the garnished wages. Were the wages claimed as exempt on schedule C of the schedules filed? If not, you may be out of luck if you didn't reveal a potential asset. If you don't have an attorney, you can file an adversary complaint to recover the preference, the rules for which vary in each Circuit.
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.