If my wages were garnished after I filed for Chapter 7, can I get that money back?

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If my wages were garnished after I filed for Chapter 7, can I get that money back?

I recently filed for a Chapter 7 bankruptcy pro se and made the creditor aware along with the case number of the filing. I was to get paid that following Friday. Friday came and the garnishment was still on my check, so I went in with my paycheck and the bankruptcy paperwork to show again that I had filed and that there should no longer be a garnishment on my check. I requested a refund of the money that was garnished. I was told I could not get one because it was for wages worked the week before I had filed even though the garnishment did not take place until that Friday. Can I get it back?

Asked on September 20, 2010 under Bankruptcy Law, California

Answers:

Mark J. Markus / Mark J. Markus, Law Offices of

Answered 10 years ago | Contributor

Yes, you need to send a notice of the bankruptcy case  to the sheriff's office that is handling the garnishment (and call them).  They will most likely return the money after your bankruptcy case is completed.  You may have to get an order from the bankruptcy court avoiding the wage garnishment lien, but that usually isn't necessary.

 

Mark J. Markus, Attorney at Law

http://www.bklaw.com/

Mark J. Markus / Mark J. Markus, Law Offices of

Answered 10 years ago | Contributor

Yes, you need to send a notice of the bankruptcy case  to the sheriff's office that is handling the garnishment (and call them).  They will most likely return the money after your bankruptcy case is completed.  You may have to get an order from the bankruptcy court avoiding the wage garnishment lien, but that usually isn't necessary.

 

Mark J. Markus, Attorney at Law

http://www.bklaw.com/


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