What to do if an employer refuses to recognize an automatic stay regarding a wage garnishment?

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What to do if an employer refuses to recognize an automatic stay regarding a wage garnishment?

Received notice from employer wages were going to be garnished for unpaid credit card debt on the first of this month. Filed Chapter 7 bankruptcy, Pro Se, on the 9th and informed constable, plaintiff and employer (with necessary documentation). However my employer said, “Too bad. I already sent the check (on the 2nd)”. But I don’t even get paid until the 15th. Further he sent payment for the entire month ($654) based on my gross wages, not my disposable income. Is any or all of this legal and if not, what can I do?

Asked on August 12, 2011 Nevada

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your employer was served with an automatic stay notice regarding your chapter 7 bankruptcy and then sent in monies under the wage garnishment, he is in violation of the automatic stay and would be responsible for reimbursing you the amount given to the sheriff.

You should serve the notice of automatic stay concerning your bankruptcy filing with the court clerk on your collection case and also a claim of exemption so that the levied money does not make it to the creditor from the sheriff.

You should also file papers in your bankruptcy case about what happened as to the improper payment by your employer of a stayed action and serve the papers upon the bankruptcy trustee. The bankruptcy court at this time could make an order holding your employer to reimburse you monies improperly provided the sheriff and order the employer to cease any future payments under the garnishment.

 


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