Garnishment/BK/Cour hearing

[Cushie]

What is the name of your state? WA

I'll try and give some background. Served by two diff collection agencies. One hearing was to be today and the other on the 25th. Live in Washington state, filed in Washington state, both collection agencies filed in Oregon (where hubby works).

So I called the courthouse, talked with one person, she said bring down bk filing. Filed bk after I filed the challenge to garnishment. Brought down bk documents and she said she would cancel both hearings.

Got a call this afternoon informing me that I need to go to a new hearing with creditor #1 tomorrow (thanks for the notice). I asked why, since the BK should stay everything. She said the lawyer for the creditor showed up for what was to be a hearing today and asked the judge to have me and hubs appear tomorrow. Judge said yes.

I am officially very worried. Can they still garnish? I will note that they already garnished one paycheck after I filed and informed them (attny) that I had filed chapter 7. Do you have any idea what will happen tomorrow? I plan on bringing my bk documentation with me.

Any and all help or ideas are much appreciated.

Thank you in advance,
Cushie

 

[Ladynred]

Don't know why the creditor lawyer would drag you into court after being informed of your bankrutpcy, but there is NO WAY they can go forward with the lawsuit while you're in bankruptcy, the automatic stay forbids it. Take your BK petition with you, or rather take copies, just in case. There is NOTHING they can do at this point.

 

[Cushie]

Thank you!

My feeling is that he just wants to harass us. Your reply made me feel SO much better. This is heady stuff and I'm doing it on my own w/o a lawyer. So I really appreciate your reply. This is a wonderful website and I'm learning more every thread.

Thank you again, Ladynred!

 

[Angilix]

Make sue your payroll company or department

if your job handles its own payroll, has a stamped copy of your filing and a copy of the mailing list.

Your payroll department may not be aware that you filed and the opposing attorney is not going to provide that info to them. Are you filing pro se? that is without a lawyer? If you are not filing pro se you lawyer may be able to get that money back. Or you can hire one to do so allowing them a cut of whatever they get back.

 

[Cushie]

Just thought I'd post an update. We went to court for $27.13. It cost me more in gas and parking than to dispute it. I guess they garnished one days wages from the 1st and also the 15th (that one was $500). I was rather ticked that I had to take time out of my day, pay babysitters, etc for that. The judge was not pleased either. Especially since they didn't stop the garnishment on the 15th when they knew we'd filed. I tried to drive to both the attorney's and collection agency's office to prove we'd filed but surprisingly both listed vacant lots as their addresses. The judge basically argued our case, which was nice. Once I found out it was $27, I made a comment (probably not appropriate) that the CA could have the money, that it would probably make or break them. The judge and courtroom laughed.

That is a good thought on hiring an attorney to recover the larger amount. Unfortunately it's been sent to the trustee so I have a feeling I'll never see that money again. Such is life.

I really want to thank both of you for your help. It was invaluable, as I was really beside myself. I am not fond of going to court, to say the least.