Legal Question in Bankruptcy in California
''Wage Garnishment''
I filed for bankruptsy that included a seven year student I tried to pay off. I received a Chap. 7 discharge. It is known that Most student loans are not discharge. Not All.
A new collection agency repeatly called and harassed me at work. They sent the payroll department of the company I work for a letter to garnish my wages. This letter was not a court order. It was just another letter. My company granted this collection agency the garnishment. What are my alternatives to stop this garnishment? Please advise.
Thank you!
1 Answer from Attorneys
Re: ''Wage Garnishment''
Your alternatives depend on whether or not your student loan was actually discharged. YOu haven't provided any relevant facts regarding your bankruptcy case such as when it was filed and whether or not you sought adjudication of the dischargeability of the student loan debt. If under the law existing at the time you filed you were entitled to a discharge of the student loan debt, then you can re-open the bankruptcy case to have that adjudicated now, or you can also go into state court where the garnishment was ordered and have it determined there(although I would not recommend that option).
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