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    Garnishment

    I was hit with a garnishment last week and filed today. What forms/information do I need to provide to the creditor to get this stopped?

    #2
    I would call the creditor's attorney and provide the case number and filing information. A bankruptcy stops the continued garnishment, but you need to inform the creditor and/or creditor's attorney. I would contact them both.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    I am not an attorney. Any advice provided is not legal advice.

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      #3
      Once you file your petition with your attorney, the creditor will be notified. You wont get the money already taken out before the date of your filing date though. Your attorney or his legal aid will inform you to provide ALL DEBTS and HOSTILE DEBTORS (GARNISHMENTS), they will then be notified by your attorney and trustee before the meeting of creditors. Any money that comes out after the filing date will probably need to be fought by your attorney.

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        #4
        This is posted in the pro-se forum, so he won't be filing with an attorney. It will be necessary to notify the judgment creditor and its attorney of the BK filing and case number so that the garnishment can stop.

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          #5
          Do I also need to notify the court where the judgment was issued?
          Last edited by Ndebted; 04-05-2017, 04:46 PM.

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            #6
            Originally posted by Ndebted View Post
            Do I also need to notify the court where the judgment was issued?
            You may need to file a Suggestion of Bankruptcy in that court based on local procedure. Since you are Pro Se, I may find out the process for that filing (of the Suggestion) in case you have difficulty with the judgement creditor.

            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog

            I am not an attorney. Any advice provided is not legal advice.

            Comment

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