My wages have been garnished by a major collection law firm. Can you help me and can I get any money back?
Under the law when you file a bankruptcy petition, it creates an automatic stay that will immediately stop a wage garnishment . Once a creditor gets a judgment,one way they will try to collect on their debt is if they garnish my client’s pay check which is a wage garnishment Only in limited circumstances involving repeat filers is there an exception to the general rule which TAIEBLAW will explain if you fall into that category. However, for the huge majority of the clients, the stay is an AUTOMATIC stay.
When you file either a chapter 7 or chapter 13 petition with TAIEBLAW, his office will immediately fax the bankruptcy petition to the creditor, and then they will notify the court or constable to stop the collection activity.
Mr. Taieb recently helped a fifty year old gentleman from Trenton,New Jersey where they had garnished a few thousand dollars. After the petition was filed and after a few letters and faxes to the creditor’s attorney, the lawyers stopped the garnishment and refunded any monies garnished after the petition was filed.
A creditor is aware that if they pursue collection activities after a bankruptcy is filed, they can be held for sanctions under 11 USC 362(k) of the bankruptcy code.
In a recent case, Mr. Taieb demanded that the creditor refund monies taken within 90 days of the bankruptcy since it was a preference over $600. After filing a Motion for Turnover, the creditor settled and mailed Mr. Taieb’s 50 year old client from Trenton,New Jersey $693 back. Thus between the $693 refunded and the other post –filing wages improperly garnished, Mr. Taieb’s client almost received back the money he paid for the chapter 7 filing.
Whether you file a chapter 7 or chapter 13, it will stop the creditor from garnishing your wages and if the creditor does not refund the preference payment taken within 90 days of the filing, Mr. Taieb will make every effort to get that money back by filing a Motion for Turnover.
You work hard for your money. Don’t let creditors take any more of your hard earned money, Call TAIEBLAW to file a bankruptcy and get the stay into effect.
If you have any questions concerning this matter or any other matter contact TAIEBLAW at 856-235-4994 or visit our website at TAIEBLAW.COM, and schedule a FREE initial consultation.
Steven N. Taieb, Esq. has been a South Jersey Bankruptcy Attorney for over 34 years and is board certified in consumer bankruptcy law by The American Board of Certification which is accredited by The American Bar Association.