HELP! Still being garnished, violation of stay

[ePaper]

My pay check started being garnished I think back in March.

I filed bk on 04/29 (pro se)
Got paid on 05/09 and saw that I was still garnished.

I was told that all I had to do was contact the court that ordered the garnishment and give a copy of the voluntary petition with case # to ckerk of courts.

I'm on my way down there this morning.

[JRScott]

Good Luck, I'd also contact the entity garnishing you and let them know you have filed for bankruptcy and that a garnishment was issued in violation of the automatic stay. I'd give filing date, bk number, and court district filed under. I'd ask them to reverse the garnishment.

You should also take the info down to the local courthouse and make sure they realize it is in bankruptcy.

[magyar123]

Did you include the outfit that garnished your wages in your petition/filing? If so they are in major violation of the automatic stay. Since you filed pro se you will have to get in contact with the court/trustee, who will slap that outfit with a major fine.
By the way was it the original creditor or one of their collection goons? Did you include only the OC and/or also the collection goon co?

[2muchstress]

hi what is pro se? so far i know 341 is bk hearing...
i donno what it takes to get paycheck garnished... will bk help avoid? what caused you to get garnished...?

[deafbroke]

pro se is representing yourself in bk without an attorney.

to get garnsihed a creditor needs to mmgo to court and get a judgement against you first. they must contact you and give you a chance to pay debts current or in full before doing so.

You need to include creditor or their garnishement representitive in the filing of bankruptcy or they are not obligated to stop garnishement.

DB

[2muchstress]

ahh thanks... so... if i got discharged, then they cant come after me now, right....? that'd just suck.