Wages Garnished... Filed Chapter 7... Want my monies back!

[brucet3]

I got a Affidavit for Wage Deduction Summons from my employer and too my parents address. There was a return court date for Feb 13th on it, which was the date Im assuming that a court order would be issued and that my wages would start getting deducted.

However to my dismay, my employer started deducting my wages as soon as they got the form 2 weeks before the Return Date. As of right now they are "withholding my funds" until they get an address to send the funds too.

Can I get the funds back if I filed for bankruptcy (Feb 11th)BEFORE the court order was issued (hasn't been issued yet? I was under the impression that the bankruptcy supercedes any other monatary court orders. If thats the I should get my withheld (but currently not released) monies back.

As of right now the deduction is stopped, but the payroll people arent being very co-operative with me. Any advice guys?

Bruce

[keepmine]

You need to let your payroll dept. know about the filing. Also, be sure the judgment creditor is informed as well. At this point, everybody needs to back down or face some sanctions from the bk court. Time to get your lawyer involved.

[brokeinmichigan]

Same thing happened to me. Call your atty or (better yet in our case) your atty's para-legal. Our paralegal had the garnishment stopped within hours of my calling her. I got a check in the mail from the attorney's office who had the garnishment ordered the following week. That was actually a surprise, as we were told not to expect to get any of it back. But it did stop immediately. So call your atty in the morning!!! You need your cash now more than ever!

[oldbaddebts]

You may or may not get your cash back that was taken prefiling. Garnishments AFTER filing, you should get back. Any money earned Prefiling technically belongs to the estate (trustee) and it is his/her decision if you get it. Also, garnishments can still be considered "preferential" if they took too much money, so if they took too much money they will have to give it back and the trustee will take a portion, send it to any Priority creditors, and if any is left give a proportionate amount to secured and then unsecured creditors.

[brucet3]

Oldbaddebts,

I get what you are saying, but there was NO court order to garnish my wages, only a form stating that the company was GETTING a court order.

If I file before that court order is granted made, doesnt the wages (that are only being withheld at the moment) get released back to me?

It was my understanding that the bankruptcy causes an automatic stay and that any actions taken AFTER my filing are superceded by the bankruptcy.

Since the money hasnt been sent anywhere yet (my employer is still holding it) shouldnt I get that back seeing whereas any court order that comes in is NOT valid because of my filing.

[Cali]

You may or may not get your cash back that was taken prefiling. Garnishments AFTER filing, you should get back. Any money earned Prefiling technically belongs to the estate (trustee) and it is his/her decision if you get it. Also, garnishments can still be considered "preferential" if they took too much money, so if they took too much money they will have to give it back and the trustee will take a portion, send it to any Priority creditors, and if any is left give a proportionate amount to secured and then unsecured creditors.

The poster should get his money back. He filed before the date stated for the garnishment to begin. And his payroll started the garnishment before the date stated on the letter.