Garnishment after Chapter 7.

[Faded25]

I just filed Chapter 7 today but I am still worried. I am being sued for the balance of a car I could now longer afford to keep. I spent the last month working the paper work to file myself because I cant afford an attorney. I am unsure if the judgement was completed yet. Do they notify you that a judgement was rendered or is the garnishment just going to be a surprise? If I do get garnished can I get the money back now that I have filed before the actual garnisment started? and what do I need to do to stop the next check from being garnished. I dont have an attorney and doing this by myself. I just dont have the money for one. Scared

[magyar123]

Once you file - even pro se, the creditors are notified of your filing and are supposed to stop any collection activity of the account. If they do start hounding you AFTER you file you can report them for violation of the stay.

[AngelinaCat]

We had this happen to us. We had already made a court appearance and were told to meet for arbitration at a certain date. We filed BK before that date, and when all the creditors were notified, including the holder of the note on this partiulcar car, the lawsuit was stopped in its tracks. When we finally DO get our discharge, this debt (there is a long story behind this) will be discharged.

You have nothing to worry about. You did very well filing pro se. I am proud of you.

Good luck to you!

[katydid49r]

Does anyone know once BK has been filed how long it takes to stop the garnishment? And can you get the amount paid in back?

[AngelinaCat]

Hi katydid49r: Welcome to the Forum. If you have already filed, the court will have notified all your listed creditors, and the Automatic Stay will kick in. And it is my understanding that everything is halted in its tracks.

How long ago did you file? If you used an attorney, and your wages are still being garnished, I would contact him or her tomorrow.

If I may be nosey, what entity is doing the garnishing?

Good luck!

[katydid49r]

I will be going to an attorney next week. The garnishment is from a collection agency thru a law firm. My wages have been garnished since 5-08 and they have been taking out nearly $600.00 a month. I was told I could reclaim the garnished wages. I certainly hope that is true.

[Faded25]

Thank You AngelinaCat.

I just called my payroll and they have yet to put in any garnishment so
I guess I filed in time. JUMPING FOR JOY!

[liz417]

Yeah!
[/QUOTE]
I just called my payroll and they have yet to put in any garnishment so
I guess I filed in time. JUMPING FOR JOY!
[/QUOTE]

[AngelinaCat]

I'm jumping for joy with you!! YEA!!!

[soleprop]

I will be going to an attorney next week. The garnishment is from a collection agency thru a law firm. My wages have been garnished since 5-08 and they have been taking out nearly $600.00 a month. I was told I could reclaim the garnished wages. I certainly hope that is true.

clarification: if you have already filed bk and there are subsequent garnishments of your wages, you can reclaim those funds. anything garnished prior to bk is off limits though.