Garnishment

[redline77]

i got a letter the other day i filed chapter 7 may 6th the letter says comes now the plaintiff, by and through it attorney and hereby releases the garnishment filed by the plaintiff and against the defendant in the above entitled action

is there a C&D letter i can send if so could you please provide a a sample letter as the only one i can find is for after my bk is discharge and that has not happened

[BK2008]

I'm confused...are you the defendant?? Were you going to be garnished??
Is sounds like they cancelled the garnishment, in which case is good for you.

So why do you want a cease & desist letter (not that I have a standard form for that)?

Somebody will be here to chime in, I'm sure.

[redline77]

yes i am the defendant if that the case than i don't want a c&d i just didn't understand it i took it as the were going to garnish

[BK2008]

hereby releases the garnishment filed by the plaintiff and against the defendant in the above entitled action

Sounds to me that they are cancelling, they dont want to be in violation of the law. What were they going to garnish..wages, bank accounts???

[redline77]

wages

[BK2008]

That's why they dropped it. They cannot go after wages after you have filed BK, or use any other means to try and collect.

Yay for you!

[BK2008]

BTW, I'd think your employer would tell you when a garnishment comes in. In which case you will need to inform them of your BK, if they don't already know.

[redline77]

thank you for straightening that out for me i was a little confused as it was a service copy that came from the county court i was sure what to make of it thank you for your help

[HHM]

You don't need a C&D letter for that. That is actually a letter you want to receive, whoever sued you is releasing their garnishment as a result of you filing BK.