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You filed your bankruptcy and a couple of days later you received a garnishment letter can you get the garnished wages back?
Wiki User
∙ 12y ago
To start with you would receive a copy of the Garnishment Summons from the court
at your last known address. You would need to advise your attorney so they can
"Quash" (no not squash) the garnishment. If at that time your employer has taken
any funds from your pay and either sent them directly to the judgment creditor or
to the court, the attorney would then request/demand the funds be returned to you-
the judgment debtor. If the court receives a copy of the bankruptcy at any time prior
to the return court date, they return the original payment to the employer who will
then refund back to the employee.
Wiki User
∙ 12y ago
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If you just filed chapter 7 two weeks ago and you had a garnishment coming out of your pay and you were told that you will get this money back how long does it take to get the money back?
Wage garnishments are usually handled by a process server or a government officialy such as the county sheriff's office. The judgment creditor has on obligation stop the garnishment right away. There isn't a specific time deadline to return the money that was garnished after the bankruptcy was filed, but it should be returned ASAP. If you don't have it back within a couple of weeks, file a motion with the bankruptcy court.
What is personal Bankruptcy?
It is when an indivdual (or married couple) file for bankruptcy rather than a business or corporation.
If a bad debt leads to wage garnishment in Arizona and it is only in one spouse's name are the other spouse's wages subject to garnishment?
Yes, either spouse can be garnished by creditors but usually not both spouses at the same time. Because Arizona is a community property state, the plaintiff must sue both the husband and the wife for a lawsuit and any judgment granted to be valid. The winning plaintiff can also levy a joint or single account of a married couple.
How long will bankruptcy prevent a foreclosure?
Bankruptcy will prevent a foreclosure but you still have to reaffirm the loan and begin paying or the bank will repossess your house regardless of bankruptcy. Bankruptcy temporarily halts the process for up to a couple months.
Can a spouse be reimbursed for debts that were discharged in bankruptcy as part of the dissolution of marriage terms?
Not if the debts were actually discharged in the bankruptcy. In regards to the cost of the bankruptcy if the couple were still legally married then that too is not recoverable.
Is a joint marital account exempt from creditors if the husband's salary is garnished in Florida?
Maybe, it depends upon how the account is established. Florida allows a married couple to hold real property and assets (bank accounts) as Tenancy By The Entirety. This means that if only one spouse is the judgment debtor property held by both spouses is exempt from creditor attachment. However, the signature card/account application must state that the account is held as TBE for the exemption to be valid. Please be advised, this does not mean that a direct deposit of wages would not be subject to garnishment. The garnishment writ is served to the employer and the garnishment amount would be subtracted from any auto deposit before it was made.
If you filed bankruptcy four years ago and remarried can you file joint bankruptcy now?
It is possible for the married couple to file a chapter 13 or in some instances a chapter 11.
How long after you get a summons will your wages be garnished if you are a New York resident?
The summons begins the process for you to go to court to argue your case. Be sure to respond to it before the ANSWER DATE at the top, or it will count against you in court or they may proceed without you. When you go to court (don't fail to show up!), you can plead with the judge about how much garnishment per pay check you can afford based on your income and expenses. Be sure to prepare an accurate COURT FINANCIAL STATEMENT to bring with you. In court, the judge will determine when the start date is for your garnishment. It may take your employer a couple of pay cycles to start the garnishment, but most likely, it will be retroactive from the date of the trial or even further, especially if you are behind on child support or other court-ordered payments.
Does getting divorced change filing bankruptcy?
No, your relationship status does not affect your bankruptcy proceedings but if you filed as a couple (as opposed to one individual to the marriage filing) things can get complicated when it comes to debts, etc.
How do you remove a bankruptcy from your credit?
You can dispute a bankruptcy to the credit bureaus. This gives them 30 days to verify it with the courthouse that filed it or it must removed from your credit report. This would only be the bankruptcy, not the items included in bankruptcy. You would have to dispute them separately. Answer No, a bankruptcy cannot be removed if you actually had one and it was discharged. Rather, it will "time out" after a set number of years. You can recover some credibility after a couple of years of paying accounts as agreed.
Can a bankruptcy court keep a debtor from marrying?
You can, but depending on the type of bankruptcy, household expenses and income may be reexamined for the settlement. It would be more simple to wait until the bankruptcy has been discharged. It also might be better for your own finances to carefully evaluate how you will manage finances as a couple.
What are the ratings and certificates for The Little Couple - 2009?
The Little Couple - 2009 is rated/received certificates of: Netherlands:AL
