Is is possible to recover garnished wages once I file bankruptcy?
I filed bankruptcy its been about 6 week that they been taking money out of my check 25 % which is around 100bucks a week . Is it possible to get the garnished money back? I live in the state of california. Does anyone know the laws or rules for this? or how do i go about on getting that money back
thanks ![]()
Talk to your lawyer, he should send notice to your payroll, your creditors and their attorneys.
Bankruptcy protection goes into place the day the case is filed.
That’s the day garnishment is supposed to stop.
They should return all wages garnished after the filing date.
January 22nd, 2010 at 2:48 amIf they don’t have your attorney threaten to drag their attorneys to court to issue sanctions. That usually loosens them up.
If your wages are being garnished, a creditor already has a judgment against you. Ask your bankruptcy attorney what you can do about the judgment, but you are unlikely to get anything back that was already garnished from your wages. If you did, it would go towards paying your other creditors.
January 22nd, 2010 at 2:48 am