CH. 7 Pro Se Garnishment question

[speedracer1263]

State=Ohio
Filed= 4.19.06
341 meeting =5.17.05
Ch.7 Pro Se no assets.

I am so lost! I was being garnished prior to filing. After filing I copied the Notice of bankruptcy and sent it certified mail to the creditor and to the Attorneys ....Javitch, Block & Rathbone L.L.P representing the creditor, which were the ones who filed the judgement. It was signed 4.23.06.

They continued to garnishment my check up until 6.3.06. They recieved the full judgement.

I know there is nothing I can do pre filing. But is there something I can do to get my money back, where they continued after recieving notice.

I checked Pacer and there currently are no objections and to my knowledge no one but appeared at the 341.

Any help is greatly appreciated.

[FilingOnMyOwn]

I'd call your trustee and explain this to him.

[djk]

probably should have given the notice to the payroll person, the deduction would have to be stopped by them,

[no_it_all]

After filing I copied the Notice of bankruptcy and sent it certified mail to the creditor and to the Attorneys ....Javitch, Block & Rathbone L.L.P representing the creditor, which were the ones who filed the judgement. It was signed 4.23.06.

They continued to garnishment my check up until 6.3.06. They recieved the full judgement.

It appears as though you notified only the creditor and their counsel, is that correct? Since they already had a judgement, you should also notify the court that heard your case. Most likely you should have filed a "motion to dismiss" with the court. In that motion, you would explain the reason for the dismissal,(i.e., your bankruptcy) and attach your documentation to it as "exhibits". The court would then notify the creditor to suspend the garnishment.

The judgment for garnishment was a court action. To suspend that action the creditor probably needs more than a photocopied letter from the debtor. A dismissal sent from the District Court would do the trick.

[Minnymouth]

Yes you should have filed a Motion to Dismiss with the Court......

You really waited too long to file bankruptcy..... now you have a BK and a judgement on your credit report..... but your judgement should now state "paid in full" on it..........