Legal Question in Bankruptcy in Nevada

The judge granted me a stay of execution of debt. And collection agency lawyer was to file the stay they didn't. So i had to file bankruptcy. I was under garnishment from them. Will i get back the 1,300 they have. I filed them and there total amount on bankruptcy. They say no. Las Vegas Nevada. My state


Asked on 7/06/15, 1:16 pm

1 Answer from Attorneys

Getting money back after garnishment requires both the proper timing and prompt action. When a garnishment takes place, law enforcement holds onto the cash for no more than 10 days, then distributes it to the creditor. If you filed bankruptcy within the 10 day window while law enforcement still had the money, AND if you notified law enforcement of the bankruptcy before they distributed it to the creditor, you might be able to get the last garnishment money back. However, if the creditor has the cash, you are unlikely to get it back and any efforts in bankruptcy court to recovery the money probably will not be successful. The cost of the legal fee to proceed usually substantially exceeds the amount of money at stake, and most creditors understand that you are not in a position to pursue this matter.

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Answered on 7/07/15, 8:19 am


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