The waiting game . . . . continues.

[justbroke]

Actually, my employer would not stop the Wage Deduction on the word of the Trustee. My employer demanded a Court Order to stop the other Court Order. Even though my original Wage Deduction Order reads that the employer can stop it on demand of the Trustee! I guess my company's corporate attorneys had to earn their pay.

[Kuya]

Update . .

Two weeks later, I get paid again. I am sooooooo excited to check my direct deposit and just stare in amazement to see my first ever full check with no garnishments!!!!!

Oh boy, do I stare in amazement - but only because YES . . . they still garnished my wages. $250 was missing from my check deposit.

Arghhhh. . .. I call my lawyer and he tells me I must call the Trustee.

I call my Trustee (whom I have to be honest and say they have been sooooo nice every time I call . . .and I call A LOT lol). She too is shocked that my wages are still being garnished. The court ordered the STOP on January 24th. The Trustee has already had to issue me 3 refund checks!! Guess this will make Number 4.

As the Trustee recommended, I go down to our Payroll office. The woman there looks me up and says that the downtown office never received the STOP notice, and it is still active on their system. They can not stop it until they have a notice. (hmmmmm . . . so where did communication break down - so help me if the STOP notice is sitting on someone's desk downtown . . this was a Court Order to STOP.) Good thing I have a copy with me. She faxes it downtown and it should be deactivated in a day or two.

Fingers crossed for my next check in two weeks.

I don't care that they are garnishing my check . . the Trustee is pretty quick about the refund . . . it's just that it is delaying me from getting my life back together. Today, I will get a check in the mail to refund my pay garnishment from two weeks ago. Now, in two weeks . . I will get another refund from the Trustee from this weeks pay garnishment. That puts me into another 2 week cycle. Then I have to cash the check . . and then it has to clear the Trustee Bank before they can finally do their final report to the court and I can have my discharge.

A nasty cycle that I have been trapped in since January 6, when the Trustee closed my case.

My car is dying and I can't even think about replacing it until this Bk13 finalizes in the court, and that can't happen until I cash my last refund check, and that can't happen until they stop this CRAP.

On another note, today I found ten dollars in my coat pocket.

[df04527]

wow Kuya - amazing how things can get so wrapped right around the axle..... i LIKE your sense of humor about it all though - I mean not much else you can do (that's legal anyways!).... hopefully it will really be over now! Good luck!

[justbroke]

My Trustee wasn't as quick! I had to BEG (I really did have to BEG) to get $9K of about $13K in overpayments because they refused to issue a single check until after the wage deduction stopped. They said they typically waited 30 days! I had to pay my mortgage! I had to plead that they were getting me in trouble with the mortgage company! LOL

[bpokey]

You bring up an interesting point Justbroke - not to hijack the thread here, I'm within 4 months of wrapping up a Chapter 13 myself and my mortgage payments are included in the plan. Will they continue to pay the mortgage once the plan is fully funded - but before the stop garnishment is finalized or is that a nice surprise I'm going to have in say... five months. nothing like cutting corners and pinching pennies to fall behind on mortgage because of paperwork delay...

[justbroke]

Once your plan is completed, and actually before it's closed out, there are certain administrative things that need to happen. The first... if you have a wage deduction order, your attorney (or you) need to file a Motion to Vacate Wage Deduction Order!!! If you don't do this, many employers will continue the wage deduction. Unfortunately, I didn't know this and even after contacting the Trustee, they stated that it was my responsibility (or my attorney, if represented). This caused some SERIOUS money to be withheld by the Trustee, at almost $13K if I remember correctly. I couldn't pay my mortgage!

Of course, my case was slightly different, because I was actually converting to a Chapter 7, but the administrative issues are similar in closing out a Chapter 13. The Trustee's office actually "helped" me a little by telling me that usually, when converting, an attorney would file the Motion to Vacate and the conversion notice at the same time. I didn't know this. Additionally, when you're done making payments under the plan (by time or 100% whichever comes first), you really need to be on the ball and get the order vacated.

Then, as above, the employer may route the wage deduction order to the wrong place! I actually e-mailed mine to the corporate attorney that handles personnel issues and they took care of it for me, but I was lucky that I knew who to get it to. My company is large and things get lost! (Noting that my first wage deduction order was NEVER processed by the company. It was not until I updated the wage order to increase the deduction that it went to the right person/place.)

[Kuya]

justbroke makea a valid point:

Before your Chapter13 actually ends, you should inquire as to whom in your office handles payroll and garnishments. Had I known who that was, I could have avoided this messy delay myself.

My problem, like others was that the company I work for is massive. Buildings and home offices . . I had no idea who to contact to ensure the stop garnishment was actually taking place.

If you have (or create) a Pacer account, you will be able to see the day that your BK Judge signs the STOP order. You can even print it out and take it directly to your payroll office, or garnishment office . . I finally had to do that after weeks of this cycle.

[newbie2]

justbroke makea a valid point:

Before your Chapter13 actually ends, you should inquire as to whom in your office handles payroll and garnishments. Had I known who that was, I could have avoided this messy delay myself.

My problem, like others was that the company I work for is massive. Buildings and home offices . . I had no idea who to contact to ensure the stop garnishment was actually taking place.

If you have (or create) a Pacer account, you will be able to see the day that your BK Judge signs the STOP order. You can even print it out and take it directly to your payroll office, or garnishment office . . I finally had to do that after weeks of this cycle.

Kuya, I can't thank you enough for sharing with all of us the cycle of things that happen when close to the end of the 13. I am going to do 2 things the last month of our plan: Find out who to give the stop wage order to in the company HR department, and go on to Pacer and print out a copy of it. If we handle this ourself, then perhaps we won't be in that endless loop that you got caught in. Hope it gets taken care of this time for you!

[Lissy]

How frustrating for you! But congrats on finishing your plan!! I can't wait to be where you are.

And thanks for sharing this. It makes me glad my payments are not made through wage garnishments! My TT has an automatic deduction program from your bank account and I won't even take advantage of that. It's a pain to go to the bank every month and get a money order, but I'd rather do that then have to worry about stopping automatic withdrawals when the time comes.

[Kuya]

Latest update:

So happy I can just CRY!!!

So now . . . . I have finally got the garnishment to stop (2 weeks ago). Trustee's office sent the very last refund check to me on 2/24. It arrived on 3/1 and I cashed it on 3/2. Finally over . . right?

WRONG!!!!!!!

I called the Trustee's office on Friday 3/3 and they told me . . Nope, we have one more check for you. I said no you don't because I just cashed it on Tuesday. They said . . that's impossible because we have one on our desk to be processed on Monday. They said, I can come in and pick it up Monday afternoon to help expedite the process.

GREAT . . . right? Wrong

Monday comes and they call me in the morning . . . don't come in and get the check, it accidentally got mailed to you. You should have it this afternoon or tomorrow in the mail. Ok, fine.

Two days later . . noo check. I call Trustee: Are you SURE there is another check sent? I really think I have cashed them all last week. Yes, we are sure. You will get a check and we can't close your BK until you get it and it clears our bank. Ok, fine.

I call MY BANK . . . they agree to call 3-way to Trustee and verify ALL Check numbers that have been cashed. Trustee accountant immediately insists to both me (and my bank on phone) there is one more check. Guess what? We prove her wrong. I DID cash all the checks as we matched them one for one over the phone.

So, I am good now right? WRONG!!!

NOW . . . . she tells me that the Trustee's bank only sends the cashed checks back to the office once per month. And they can not close my account until they have that last copy of the check. And guess what??? That once per month wont happen again until early April.


I am sooooo mad right now. I swear if there were a mountain made of cupcakes nearby I would eat until I puke!!!!!

[chicagoannie]

Kuya, I am sitting here reading your last post, alternately shaking my head in disbelief, then nodding it in sympathy. Then I read your last line....hahahahahaaa! Cupcakes are one of my comforts, too. You go find Cupcake Mountain, and when you do, let me know - I'll join you there!

[justbroke]

kuya, I'm sure it will be all worked out, and if not... where's that cupcake mountain? I'll help you eat it.

[Kuya]

Thanks guys (and gals) . . . . . if it gets any worse, CUPCAKES for EVERYONE!!!

[clevelandmom]

Did someone say CUPCAKES?!!?!? I'll bring the wine. . . .

[Kuya]

Cupcakes n wine... That is the most awesome combination.