Legal Question in Bankruptcy in New Mexico
prose filer
what procedure would a pro se ch7 filer follow to stop a garnishment? is there an order to stay available for a pro se filer?
1 Answer from Attorneys
Re: prose filer
Upon filing of the voluntary petition, an "Order for Relief" is automatically entered. This prohibits all creditors from collecting a debt except with permission of the Court, including garnishments. The creditor is obligated to stop the garnishment. You should make sure you notify the creditor and/or its attorney with the case number and demand they stop the garnishment. If they don't, you will need to enforce the order for relief or violation of the stay (I recommend getting an attorney). Also, if the creditor garnished $600 or more in the 90 days before bankruptcy, you may be able to get the money back. See an attorney!
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