Legal Question in Bankruptcy in Maryland

Re: Garnishment Penalties After Bankruptcy Discharge

If you are asking about action taken outside the authority of the U.S. Bankruptcy Trustee's court, such an action should be merged within the trustee's authority. If this action has been attempted for collection outside of Fair Debt Collection Practices, contact an attorney. Pro Se, or filed by the individual bankruptcy petitions are subject to creditor action as is any other filing.

G. Joseph Holthaus

Re: Garnishment Penalties After Bankruptcy Discharge

I have never had occasion to take action against a creditor for a violation of the Fair Debt Collection Practices Act. A debt collector can be liable for any actual damage sustained by the person who owes the money, or additional damages in an amount not exceeding $1,000.00 if the person who was damaged is an individual. However, you must be able to show that the action the creditor took was intentional, i.e. that they knew that you had filed the bankruptcy and went ahead and garnished your wages anyway.

Once again, I have never prosecuted one of these, but I believe the Federal Trade Commission regulates these violations, and I believe you have one year from the date of the violation to sue the debt collector. I am not sure where suit is filed, but I believe it can be filed in any court of competent jurisdiction, and certainly in a United States District Court.