Legal Question in Bankruptcy in California

Re: Garishment

You will need to file a motion with the bankruptcy court for an order that the money be returned. Any local bankrutpcy attorney should be able to help you with this You might even be able to recover damages and attorney fees.

Once a creditor becomes aware of the bankruptcy, they have an affirmative duty to release the wage garnishment without requiring the debtor to seek relief from the bankruptcy court. This is a violation of the automatic stay and the bankruptcy judges in San Diego won't too kindly to that.

Re: Garishment

anytime a bankruptcy is filed, creditors have an affirmative duty to cease and desist any and all collection efforts (which includes wage garnishments). if a creditor fails to do so, you have remedies against them if you file the proper motions with the bankruptcy court citing them on their illegal conduct. if you would like further assistance with this legal situation, contact us today for timely relief.