Legal Question in Bankruptcy in California

Can I sue Creditor who continues to garnish wages after notice of Bankruptcy fil

I filed for bankruptcy because my wages were being garnished. Is there anything I can do to sue a creditor who continues to garnish my wages even though I have already informed them of the bankruptcy?


Asked on 1/11/02, 7:28 pm

2 Answers from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: Can I sue Creditor who continues to garnish wages after notice of Bankruptcy

Absolutely. You can file a Motion for Violation of the Automatic Stay and recover damages as well as the money that was garnished.

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Answered on 1/11/02, 7:35 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Can I sue Creditor who continues to garnish wages after notice of Bankruptcy

Yes. You can make a motion for sanctions and/or damages -- but this has to be done within the bankruptcy court handling your bankruptcy. You also may want to consult with your attorney or a bankruptcy attorney regarding this type of motion.

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Answered on 1/11/02, 8:12 pm


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