Garnishment how can i recover funds.

[NOMOREBADCREDIT]

How can i recover funds that was garnish from my wages.

[HHM]

Were they garnished, i.e taken out of your pay, before or after you filed BK?

[NOMOREBADCREDIT]

Were they garnished, i.e taken out of your pay, before or after you filed BK?

before the bk

[familyof7]

You wont get it back if it was taken before you filed.

[NOMOREBADCREDIT]

i was told the trustee could get the funds maybe i was wrong.

[HHM]

Correct, if the funds were taken out before you filed BK, "you" can't get them back.

Even if the trustee can get them, the money would not go to you?

When you say garnishment, do you mean as the result of a judgment that was entered against you, and not an automated withdrawal by some creditor who you authorized to make withdrawal's, and what type of creditor was it? Whether the trustee can get the money depends on the amount?

[NOMOREBADCREDIT]

Correct, if the funds were taken out before you filed BK, "you" can't get them back.

Even if the trustee can get them, the money would not go to you?

When you say garnishment, do you mean as the result of a judgment that was entered against you, and not an automated withdrawal by some creditor who you authorized to make withdrawal's, and what type of creditor was it? Whether the trustee can get the money depends on the amount?

it was a judgment.

[HHM]

Was it a judgment from a Creditor (i.e credit card), or from a domestic court order (i.e. child support or alimony).

If the judgment is for child support or alimony, the money is gone...neither you or the trustee can touch it.

If the judgment is for an otherwise unsecured creditor, whether the trustee can get the money sort of depends on the amount involved and when the garnishment was made. Generally, trustee's won't go after any money unless the amount exceeds $1,000 (that is not a legal rule, but more of a practical rule of thumb, as an amount of money less than $1,000 is not worth the trustee's time or effort). Moreover, since the garnishment is the result of a court order (i.e. the judgment) the trustee may have a more difficult time acquiring that money, since court orders are, strictly speaking, not preferences.

[SinkingFast]

Whether or not you can get the funds back may depend on the source of the funds.

In some States, earnings as the result of age or disability cannot be garnished. Soc Sec, pension, workman's comp, SSDI, etc.

If the money that was Garnished was from age or disability funds, and your State allows protections from Creditors for those funds, you might be able to get the money back.

BUT,......... Most likely, it's gonna take an attny to get the money back. AND,......... If the amount was in excess of $600 taken by an Unsecured, non Priority Creditor,........ Chances are the Trustee will be the one to pocket the funds.