Legal Question in Bankruptcy in California

can your wages be garnish from a credtior when you file for bankruptcy

one of the credtiors file for my wages to be garnish i havig been to bankuptcy court but my case was filed and i have a case number what could i do to stop this


Asked on 10/18/05, 10:23 am

1 Answer from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

Re: can your wages be garnish from a credtior when you file for bankruptcy

If you listed your creditors properly in the bankruptcy, the bankruptcy court will mail the creditor a notice of the automatic stay. If you haven't already done so, you should send a copy fo the sheriff's department or other levying officer and send a copy to the court where the judgment was entered.

You really should retain an attorney. Send them a letter with proof of delivery (certified or fax) demanding the release the garnishment. If the creditor doesn't voluntarily release the garnishment, you can file a motion for sanctions with the bankruptcy court.

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Answered on 10/18/05, 10:33 am


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