Wages Garnished... Filed Chapter 7... Want my monies back!

[brucet3]

I got a Affidavit for Wage Deduction Summons from my employer and too my parents address. There was a return court date for Feb 13th on it, which was the date Im assuming that a court order would be issued and that my wages would start getting deducted.

However to my dismay, my employer started deducting my wages as soon as they got the form 2 weeks before the Return Date. As of right now they are "withholding my funds" until they get an address to send the funds too.

Can I get the funds back if I filed for bankruptcy (Feb 11th)BEFORE the court order was issued (hasn't been issued yet? I was under the impression that the bankruptcy supercedes any other monatary court orders. If thats the I should get my withheld (but currently not released) monies back.

As of right now the deduction is stopped, but the payroll people arent being very co-operative with me.

Bruce

[magyar123]

The payroll people received a wage garnishment order. They have to act upon it. The timing filing for bankruptcy vs. the garnishment order will be ironed out sooner or later, and then those idiots who garnished your wages will have to return that amount to you and notify your employer that the garnishment is no longer valid

[brucet3]

Thats the rub... the payroll department still has the money. Its only being withheld right now pending a court order. Since I filed bankruptcy, it should supercede the court order that hasnt happened yet.

How do I explain this properly or point my department to the correct law that says such.

Bruce

[GoingDown]

You'll have to attend that court hearing and bring your bankruptcy filing papers with you, and explain to the judge that you filed for bankruptcy before the date of the garnishment, and the judge might order them to release the funds to you.

If that doesn't work, bring up the matter to your bankruptcy judge.

Your payroll department is doing what they are supposed to do. If they don't comply with the court order, they could be held liable for that money. Only a judge can reverse this.

[brucet3]

Monies...

I got it back everyone! My lawyer wrote a letter to my HR department and they cut me a check and refunded my money. Luckily it was from a law firm that is quite lazy. Once they found out I was filing bankruptcy they stopped cold in their tracks.

Thanks to everyone for their support... my Hearing is tomorrow... for some reason Im a bit nervous

[94mom]

I am having the same issue. The court issued a release of writ and refund on 3/6/08 and I WANT MY MONEY! Its over 1200, so i need for them to give it back! My Payroll dept said they also contacted the creditor to ask them what do with the funds. what a stupid move!

[NoTitforTat]

I have to start paying the City Marshall by March 24.

If I don't, what will he do?
a) start the proceedings to get my money from the employer (I make 200 gross/week)?
b) come to get some lien in my rented studio?
c) both
d) none

ALSO
how much time do I have to play around?
how much can he take away from my miserable pay?
can he take away this computer (paid to dell with my chase card - 1,5 K in 2004)?
can my wife (she's making $500 per week) get in trouble too?

PLEASE HELP