Legal Question in Bankruptcy in Virginia
creditor not following the rules
i have an bankruptcy attorney and the petition was filed on may 31st but a collection agency garnished my bank account anyway. can i suethe agency? my attorney has been out of town and i can't ask him.
Asked on 6/28/09, 7:14 pm
1 Answer from Attorneys
Daniel Press
Chung & Press, P.C.
Re: creditor not following the rules
Yes. The creditor is liable for damages if it violates the automatic stay, and garnishing an account after a bankruptcy filing is a clear violation. If your lawyer is gone, ask your bank to release the account.
Answered on 6/28/09, 7:32 pm
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