HELP!! Garnishment after filing

[mb5941]

Hello All,
Need some help. Cap 1 (Hanna & Ass.) refiled a garnishment 3 weeks after we had filed
Chp 7. WE had gotten it stopped about 2 months before filing due to a quirky rule in Georgia (195 day rule). Turned it over to Our attorney over three weeks ago. They've sent letters to everyone but still being garnished. HR says they need canselation notice from Cap 1. Haven't been able to get ahold of attorney past few days. Does anyone know anything I can do to get this stopped Thanks for all your help.

mb

[daxtell]

this may seem trivial to ask but did you list them in your petition? i also had a garnishment and it was actually pending when i filed. but they closed it their own immediately when they got the notice of my petition that i had filed.

[IHateToBeEmo]

Since you haven't been able to get ahold of your attorney for a few days, you might have to go to the attorney's office first thing Monday morning and get this problem resolved in person. It's not so easy to ignore a client when they're standing in front of you.

[mb5941]

yes daxtell they'er listed in the petition and should have gotten notification before they refiled

[disconapper]

There's no harm in sending them a certified letter with a copy of the petition. Sounds like they are violating the automatic stay. I have an active garnishment (filed before Bankruptcy petition) that will hopefully stop soon due to the filing.

[IamOld]

Guys, I know that some HR folks will want notice from their local courts to stop garnishment, BUT - BUT - I would insist - that is federal court order and as such overrides local courts - garnishment MUST stop - if nothing else your atty needs to and/or you - to do whatever is needed to file it with local court. HOWEVER the garnishment must stop IMMEDIATELY.

(If there is any bright side, if this some "clever" collections agency/lawyer, maybe your lawyer can get a few bucks for you out of this (and himself) for a blatant stay violation!)

[DesdemonaB]

Guys, I know that some HR folks will want notice from their local courts to stop garnishment, BUT - BUT - I would insist - that is federal court order and as such overrides local courts - garnishment MUST stop - if nothing else your atty needs to and/or you - to do whatever is needed to file it with local court. HOWEVER the garnishment must stop IMMEDIATELY.

(If there is any bright side, if this some "clever" collections agency/lawyer, maybe your lawyer can get a few bucks for you out of this (and himself) for a blatant stay violation!)

My company could careless with my petition.. they required a release of garnishment directly from the court. Good news/ bad news.. there is a cut off date on that release stating that any $$ garnished after that date will be returned. Bad News.. you UST might want it back. My UST asked for proof of release but in the end did not pursure, but the total amount was under 600.

Not know the size of your company, if you are dealing with a large company they must follow their set processes, but if you can walk in to your payroll dept any know their first name, you fair much better.

Good Luck with everything