Wage garnishment objection help

Question

hey, my husband's wages have been garnished as of two paychecks ago for a credit card debt. we are in the middle of filing chapter 7 bankruptcy. We understand that once the paperwork goes through that all garnishments will stop. However, we are struggling with this garnishment. We wrote a statement to the court to stop or decrease the amount of the garnishment. We received a notice back today stating that we can file a motion hearing. We also got a paper back saying 'wage objection is being returned due to motion hearing' does this stop the garishment until the court date or will the garnishment continue until settled? I just want to know what to expect at my husband's next check. Thank you all for answering and understanding the situation.

Answer 1

Since you haven't actually had your bankruptcy approved, it is not likely to stop the existing garnishment. More likely than not the next cheque will be garnished as well.

Then you need a motion hearing before any amendments can be made to the wage garnishment, until then it's business as usual. I'd get that bankruptcy filed like yesterday so you can get hold of some money.

Answer 2

As soon as you have a bankruptcy case number, fax it to the people who filed the garnishment, to the job, and to the courthouse.  The garnishment will then be held in abeyance. I've had cases where the person filing bankruptcy managed to get back any money taken in garnishment for the 6 months prior to filing bankruptcy, but that is here in Louisiana.  The rules for that may differ from state to state, I really don't know.  

Answer 3

I am a bankruptcy paralegal. I do this 40 hours a week haha! Every week. If I were you I would go to the place you are filing the Chapter 7 and tell them to speed up their process I know at our Law Firm we do Emergency BK Filings. They cost around 500.00 more but its well worth it if they are garnishing checks. In all honesty they can get this paperwork done in 45 minutes for you. You will just sign a few things then you will have to come back & get the rest done within 15 days and after the first signing you will have a case number. So the garnishment should stop. I dont know how long your law frim takes for bk's but ours usually takes 2-3 weeks. Hope this helped!!!

Answer 4

Talk to your attorney.

Answer 5

Try to have as much information as you could perhaps is one of the options,however it is labor consuming,here is the place i have ever had good experience with.http://debt-relief.expertips4u.info/debt...