Trustee Payment

[Nicollette]

I have online pay summary from my job, so I can actually see what is being direct deposited into my bank account a couple of days before it hits. Well, today when I looked at the pay summary, I noticed my employer deducted an additional $111, plus the regular bi-weekly trustee payment I new my payments haven't gone up and I even checked pacer to see if there were any notices that had been sent about my payment going up, and there isn't anything. My question is, am I entitled to get this $111 back. I called payroll and the said they were gonna look into it. In the meantime, I found an email for the lady at the trustee's office that handles wage orders. I sent her an email and I hope to get a response soon

[justbroke]

It depends on what the $111 was. Is it from a prior garnishment? If it is, only the Trustee can avoid that transfer and the Trustee will usually, unfortunately, keep it. :

I have a similar situation with an "voluntary" IRS payroll deduction. They kept taking it even though I filed for Bankruptcy and told my Employer to stop. The didn't stop and 8 additional payments were taken (at $175 a payment). I won't see it again.

I don't know what the Trustee will do, but I was paying directly to the Trustee without the Wage Deduction (direct from payroll). I subtracted what the IRS was still taking. I'm waiting for the Trustee to complain that I wasn't making full payments according to Plan!

Did you actually look at your Wage Deduction Order to see what they put on it? Also, your employer may have made the calculation wrong. Sometimes employers can't figure out Monthly deductions when you get weekly or bi-weekly checks.

[Nicollette]

It depends on what the $111 was. Is it from a prior garnishment? If it is, only the Trustee can avoid that transfer and the Trustee will usually, unfortunately, keep it. :

What do you mean by prior garnishment, plus I thought only one type of garnishment can come out of a paycheck at one time, that being my trustee payment. Before I filed, I didn't have any judgements against, and if there was, wouldn't my employer have to have a court order to garnishment for a creditor? I simply don't know what this $111 is for My employer has been deducting the trustee payments from my check for a year and half now, and nothing like this has ever happened. I'm hoping it's just an error on my employer's part and I can get it back.

[justbroke]

What do you mean by prior garnishment, plus I thought only one type of garnishment can come out of a paycheck at one time, that being my trustee payment. Before I filed, I didn't have any judgements against, and if there was, wouldn't my employer have to have a court order to garnishment for a creditor? I simply don't know what this $111 is for My employer has been deducting the trustee payments from my check for a year and half now, and nothing like this has ever happened. I'm hoping it's just an error on my employer's part and I can get it back.

Your Bankruptcy "Wage Deduction" is not a garnishment.

This is how you could have issues. You need to look at your deductions on your payroll advice and see what the $111 comes from/goes.

Your employer also is estopped from collecting any new judgments during your BK.

You really need to find out from your payroll department what the additional $111 is. Was it an itemized deduction and what did it say?

[Nicollette]

The $111 is totaled in with my regular bi-weekly payment. On my deductions, it states "Bankruptcy = $387." My regular bi-weekly payment is $276. The whole $387 is going to the Trustee. I emailed the lady that handles wage orders at the Trustee's office, and someone from my employer's payroll is supposed to call me tomorrow. Of course the payroll lady at my worksite can't help me because she just submits everyone's hours to the head payroll in Florida, and they are the ones that cuts the paychecks.

Hopefully it can get cleared up real soon.

[justbroke]

The $111 is totaled in with my regular bi-weekly payment. On my deductions, it states "Bankruptcy = $387." My regular bi-weekly payment is $276. The whole $387 is going to the Trustee. I emailed the lady that handles wage orders at the Trustee's office, and someone from my employer's payroll is supposed to call me tomorrow. Of course the payroll lady at my worksite can't help me because she just submits everyone's hours to the head payroll in Florida, and they are the ones that cuts the paychecks.

Hopefully it can get cleared up real soon.

Wow. Do you have PACER? Wonder if a new Payroll Deduction Order was entered without you knowing.

[Nicollette]

Yea, I checked Pacer first thing to see if there was anything new that I haven't received and there isn't. That's why I'm hoping it's just a mistake on payroll's behalf.

[ekorB]

Do all payroll deductions for ch13 state "Bankruptcy"?

[Nicollette]

Mine has always been stated "Bankruptcy" and the amount they take in the deductions section.

[justbroke]

Do all payroll deductions for ch13 state "Bankruptcy"?

Mine Reads "Ch 13 Bankruptcy". Just below that I have one which reads "IRS Levy".

[Nicollette]

Update

This is an update on my situation. I talked to payroll today and it is a mistake on their part for that additional $111 I emailed the lady at the Trustee's office that handles wage orders. She replied back to me and said she gave my email to the Trustee, and if he approves it, I will get a check in the mail for that $111 She also stated that he probably will approve it because they handle alot of situations like this all the time when it's a mistake on the employer.

[arkienurse]

Do all payroll deductions for ch13 state "Bankruptcy"?

Mine just read wage garnishment

[justbroke]

This is an update on my situation. I talked to payroll today and it is a mistake on their part for that additional $111 I emailed the lady at the Trustee's office that handles wage orders. She replied back to me and said she gave my email to the Trustee, and if he approves it, I will get a check in the mail for that $111 She also stated that he probably will approve it because they handle alot of situations like this all the time when it's a mistake on the employer.

Excellent. I'm happy that you figured it out, and are almost there with recovering your cash.

[Nicollette]

update on my $$$

I got an email today from the lady that handles wage orders(deductions) and she told me, the trustee approved my request, and a check for the $111 has been issued and put in the mail for me

[justbroke]

Very good to hear. I'm so happy the Trustee wasn't one of those who thinks that once they have it... it's theirs to distribute to creditors.