top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Wage Garnishment Question

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Wage Garnishment Question

    Ok while I am waiting to hear back from our attorney on this subject......I thought I would ask this helpful board what I can expect in this case.

    My husband works for our local county and when we were working on that short sale with the investor he told us not to pay our spring taxes and that they would cover the spring and then the fall that would be due. So we didn't pay. We received a letter at the end of Sept from the county treasurers office stating that if it wasn't paid they could garnish my husbands wages. Well we gave it to the attorney and he said not to worry about it because they couldn't just garnish his wages without a court order or at least another notice so we didn't worry. The house closed on Friday, Sept 28th with a short sale and then on Oct. 12th the investors paid the spring taxes. No other taxes were due on the property until the fall tax bill was sent in November.

    Fastforward to this past Friday, Oct. 19th and imagine how shocked we were when they deposited a lot less into his account for his paycheck. They shorted it by $288.00 which was 25% of what was owed to the county and then they applied it to the taxes. Someone from his office called and talked to them at the treasurers office and they gave us this....pardon my french.....bullshit story of well they will get if back after the first of the year when there is a credit on their account but there wouldn't be because when they send out the fall bill to the new owners......the balance will only be like $303 owing so there NEVER would be a credit so that is crap.

    So we contacted our attorney and he had me run over a copy of our bankruptcy filing and his card. He tried to call but left a message. I talked to him yesterday and he said that they were all confused.......yeah right as if.......what is to be confused about.......ummmm it was paid.....you garnished his wages.......you shouldn't have........what is so confusing. So I guess they have turned it over to their county attorney who handles all of their ordeals and our attorney said he left them a message and was waiting to hear back from him yesterday.

    I haven't heard anything from him yet but it could be that he is in court today.

    So sorry that was so long......but my question is this.....did they have a right to garnish his wages and do you think that we will see that money again or can we kiss that part of his paycheck goodbye??
    October 15, 2007 - Filed Chapter 7 :blink:
    November 27, 2007 - 341 Meeting at 10am :clapping:
    January 28, 2008 - Last Day for Objections :yahoo:
    February 6, 2008 - DISCHARGED!!!! :yahoo: :clapping:

    #2
    Originally posted by freshstart32 View Post
    did they have a right to garnish his wages and do you think that we will see that money again or can we kiss that part of his paycheck goodbye??
    Looks like you've had a lot of financial activity very close together:
    - Short sale on the house 9/28/07
    - New home owner paid the back taxes 10/12/07
    - Filed Ch 7 on 10/15/07
    - Husband's wages garnished to pay back taxes 10/19/07

    This garnishment was in process and finalized before you filed and the local county tax folks either didn't know about the bankruptcy yet (very likely) or couldn't stop the garnishment before it happened (less likely).

    Your filing will stop the wage garnishment, especially since your lawyer has contacted the county. They have violated the automatic stay - a precarious position for them. Their defense will be they didn't know about it....but they sure know about it now. Have your husband check to make 100% sure the garnishment has been withdrawn before he gets paid again.

    Yes, you should get this money back. The back taxes are paid in full, so the county has no legal grounds to keep it. Now WHEN you will get the money back....that's another story.

    Since you have a lawyer who is holding all the "you violated the automatic stay" cards , I'm betting that you are going to see that money long before year's end. Keep us posted, ok?
    Last edited by lrprn; 10-23-2007, 05:07 PM.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment

    bottom Ad Widget

    Collapse
    Working...
    X