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Roger
Roger, Attorney
Category: Legal
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Experience:  Litigation Attorney
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My savings account was garnished for over $20,000.00. I never

Resolved Question:

My savings account was garnished for over $20,000.00. I never received any paper work. I filed for Chapter 7 and was discharged 2 years ago. I have not made any major purchase in the past 5 years. My only income is Social Security.
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.

Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question, but I am sorry for your trouble with this.

 

Do you know who the creditor is that got a judgment and subsequently garnished your account?

Customer: replied 1 year ago.

I have not received any information. I have no clue. I looked at my credit report and there is no information for a debt. I was never served any thing.

Expert:  Roger replied 1 year ago.
That is extremely strange if you were never served with process for the lawsuit. If your bank was garnished, you can ask the bank to give you a copy of what was issued to it, so you can at least find out who the creditor is and when this happened.

You can then take a look at the court record and find out what is going on. Also, if this debt was discharged in bankruptcy, it would be something you can challenge.
Customer: replied 1 year ago.

I just heard from Law firm. It was handed to them from the original firm that was included in Chapter 7.


 


Is there any legal recourse I can take against the initial firm that was included in bankruptcy?


 


 

Expert:  Roger replied 1 year ago.
If this debt was discharged in bankruptcy, then the creditor has no right to collect against you. If they have violated the bankruptcy discharge order, then the judgment should be void and you should also have a claim against this creditor for violating the court order.

You are going to need an attorney to straighten this out for you. If you can't afford one, you should consider contacting your local legal aid office for assistance OR contact your state bar association for help locating a pro bono or an attorney that will work at a reduced rate.

If this debt was discharged, then you should be able to reverse the garnishment.
Expert:  Roger replied 1 year ago.
Hi -

I hope your question was answered above.

Basically, if the debt was discharged through bankruptcy, then a subsequent judgment should be invalid and unenforceable. However, it's likely going to take a motion to quash the garnishment to get your money back. Then, you may want to consider filing suit against the creditor for violating the bankruptcy discharge and harassing you for an uncollectible debt.
Roger, Attorney
Category: Legal
Satisfied Customers: 26563
Experience: Litigation Attorney
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