Legal Question in Bankruptcy in Nebraska
Wage Garnishment
I had a judgement against me for medical bills it was filed in court to garnish my wages they sent me my letter of intent and had my previous job as who they were sending the garnishment request to, so I set an appeal to be heard and to claim head of household then last night got a letter saying I could make payments and they would not garnish because they had wrong job, I set up payments but should I trust them, and do I still need to go to my appeal? How would they get my bank account info to freeze my account should I send money orders or checks for payment, I am just worried help!
1 Answer from Attorneys
Re: Wage Garnishment
I think it would be wise to go to the hearing; you're the one who requested it, and it doesn't look good to the judge to no show at the hearing you requested. Plus, even though they got the wrong employer this time, it wouldn't hurt to get a determination from the Court that you are head of household so the creditor is on notice of this fact if there is another garnishment (telling the creditor over the phone that you are head of household is not nearly as effective as a court order finding that).
To find a bank account, the creditor can ask you for that information at a debtor's examination or order in aid of execution hearing. It's possible they have other ways of finding out, this is just the way I've run into. You should always get a notice that a garnishment freeze has been placed on a bank account, and a chance to contest it, but there is usually not much to contest. A creditor can seize non-exempt funds from bank account much more easily than wages, and doesn't have to leave you anything in the account (unlike wages, which can only be garnished to a certain %.)
If it were me, I'd want proof of payment. I'd probably not use a personal check (since that gives them a lot of information about your bank account, like where it is.) I'd send a money order or cashier's check by certified mail, keep a copy of the payment and an enclosing note, and send the envelope return receipt requested, each time.
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