Advice on recovering garnished funds?

[discombob1]

Hi Everyone-

I have recently found this forum and am extremely grateful for all the information. I filed a Chapter 7 case pro se on Aug. 24, and my 341 hearing is next week on 9/29.

Prior to filing, a creditor who had a judgment against me garnished my checking account. After filing the BK, I filed an objection to the garnishment and the law firm released it on 9/1. However, my bank didn't get the release in time and sent the check (just over $1K). I have called the law firm involved but have received no response. Do I have any hope of recovering this?

Thanks for any advice!

[justbroke]

Since you filed pro se, you need to write a professional "demand letter" to the Attorney of the Garnisher. In the letter, politely remind them of your case, district, case number, date of filing, and that you already received an order granting your objection to the discharge. Politely tell them that they are in violation of the Automatic Stay imposed by 11 USC 362(a)(2) and (a)(3), and that if they don't return the amount, you'll Motion the court for Entry of an Order to Show Cause as to why they shouldn't be held in contempt and to have damages awarded under 11 USC 362(k).

That should do it. Give them only seven (7) calendar days to take corrective action. On the eight day, you need to file the Motion for Entry of Order to Show Cause. Your inaction is what allows these folks to continue to do this to you and others.

Make sure you send the letter CMRR. I would fax AND mail it.

[discombob1]

Thank you so much for the advice! This forum is the only reason I have the slightest confidence in my ability to get through this. You are all wonderful!