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How do you get garnished wages back from employer after you file bankruptcy?
Wiki User
∙ 11y ago
It's not going to happen. You owed money and that creditor went to court to get your employer to deduct what you owed them from your paycheck and send it to them. Your employer does not owe you a dime. They followed a court order. They had no choice.
You went bankrupt AFTER the garnishment, so anything paid BEFORE the bankruptcy is water under the bridge. You cannot "get money back" on something that was paid before the bankruptcy.
Since you went bankrupt, the garnishment should stop but you will not get any money "back".
Wiki User
∙ 11y ago
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If your wages were garnished and your employer is holding the money in an account how do you get the money released to you after bankruptcy has been awarded?
The back wages will not be released to the employee until the bankruptcy is discharged and the employer is notified by the court that the arrearages have been exempted from seizure.
Can an employer garnish wages for a debt owed to the employer?
No. Wages can only be garnished in very few situations and by the government-like for back child support. He would have to have a court order to garnish your wages for anything. else. The article below explains the instances in which wage garnishment is allowed more specifically.
Can a merchant mariner's wages be garnished be debt collectors?
If you owe back child support.
Can a person on a fixed income wages be garnished?
A person on fixed income wages can be garnished. The reason I know is because my friends father got his wages garnished because he borrowed to much money on his chase card. Her father has to pay back 35,000: that includes intrest. My advice is to not get a credit card and if you get a credit card, only use it for emergencies only because you do not want your wages garnished when you already have a fixed income.
If your income tax was garnished for a credit card if you file bankruptcy can you get the money back?
Once you file for bankruptcy, you will probably not get anything back. When you are through, it could all be over. Then they will stop getting anything else from you. You get a clean start.
If your wages were garnished and your employer is holding the money in an account how do you get the money released to you after bankruptcy has been awarded?
The back wages will not be released to the employee until the bankruptcy is discharged and the employer is notified by the court that the arrearages have been exempted from seizure.
If a credit card company has sued you and the judge has your wages garnished can you include that credit card in your bankruptcy?
Yes! That's one of the most important parts of bankruptcy filing, the Automatic Stay, which STOPS garnishments, foreclosures, etc immediately. To the extent that your wages have already been garnished, you will not get that money back.
Do you get garnished funds back once you file bankruptcy?
No. They were used to pay for something you owed. This actually untrue. You can recover garnished wages back as long as you do so within a determined time. You should contact your attorney to get specifics.
Can an employer garnish wages for a debt owed to the employer?
No. Wages can only be garnished in very few situations and by the government-like for back child support. He would have to have a court order to garnish your wages for anything. else. The article below explains the instances in which wage garnishment is allowed more specifically.
If your employer filed for bankruptcy but owes you 15000 in back wages how can you collect?
You certainly need to make a claim against the employer to insure that you get as much of the amount as you can. Consult an attorney for help.
Can you get your garnished wages refunded?
Depending on when your bankruptcy is filed, on the day it was filed, the wage garnishment must stop. If it didn't stop on that day, you are entitled to have your garnished wages refunded. However, no wages will be refunded prior to your bankruptcy filing date.
Should bankruptcy be considered to stop your wages from being garnished to pay 8K for a repossessed vehicle in the state of Georgia?
Bankruptcy is an EXCELLENT way to stop Garnishments. Many attorneys can file an emergency peition to get that garnishment stopped NOW.. then go back and complete the bankruptcy later.
Can you file a motion to get garnished wages back after filing a bankruptcy if within 30 days of filing.?
Since a 'garnishment' of wages is a legal method for repayment of a legitimate debt it is EXTREMELY doubtful you would get any of it back. Is there some info missing from the question that would clarify WHY this might even be considered ?Because OP can actually be reimbursed for garnished wages collected during the 90 days prior to filing, provided the amount garnished was over $600 during that time. Plenty of case law to back that up. It's really something OP needs to discuss with the trustee.
Can a merchant mariner's wages be garnished be debt collectors?
If you owe back child support.
What reasons are there to garnish wages in NJ?
There are a few reasons why wages can be garnished in the state of New Jersey. Reasons include back child support, back alimony, or back taxes.
Can a person on a fixed income wages be garnished?
A person on fixed income wages can be garnished. The reason I know is because my friends father got his wages garnished because he borrowed to much money on his chase card. Her father has to pay back 35,000: that includes intrest. My advice is to not get a credit card and if you get a credit card, only use it for emergencies only because you do not want your wages garnished when you already have a fixed income.
Can your wages be garnished if you are on government assistance?
If you have a job on top of the assistance, that money can be garnished. Anything you might get back for income tax refund can be taken also. The government assistance can't be garnished.
