Help please re:prior garnishment

[rberhow]

OK, I have a question and I'm not sure if I should do anything about it or what. Here's the situation, declared ch. 7 on 3/26/04, discharged on 7/9/04. Had a garnishment on husband's wages that we claimed as exempt so $1050 was to be returned to us after discharge. We have been fighting with this lawyer since then. They say since we signed a sheet saying that they would reduce the amount to $150/2 weeks that that cancelled the garnishment and made it voluntary. We had no knowledge of this and the court has mysteriously never filed the garnishment, the execution, or the cancellation. Our employer and ourselves were served the garnishment and execution by the sheriff's office but never a cancellation and like I said the court has no record of any of them. I'm just confused about the whole process and what this all means. Any and all insight would be greatly appreciated.

[rberhow]

Todd and HHM, do you have any insight for me? You guys always amaze me with your vast knowledge and I am seriously confused. :o

[HHM]

This is a tough one to answer on this board. First, I don't quite understand the situation. My guess, you did not file a Motion to avoid Judgment in your BK to extinguish the judgment that gave this creditor the right to garnish.

You situation should be addressed to a local attorney.

[rberhow]

Thanks HHM. My lawyer has been fighting diligently with these nasty people. I just don't understand the whole process of how things are filed with the courts and why these documents wouldn't be there. My lawyer suspects some type of dirty works and has threatened to report them to the trustee. We'll see if that gets us our money sometime soon. Sorry, I didn't explain everything real clear either. The judgement was prior to bk and was discharged with the bk, to my understanding. In ND law, any amount paid over $600 in the last 90 days, to creditors that you are not retaining, has to be repaid. This was indicated in our bk and acknowledged by the trustee. I just wish I understood how everything all works and if there is something else I should do or someone else I need to get involved. Any ideas for me? Thanks in advance, you guys are the greatest.