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SavyLawyer
SavyLawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 4300
Experience:  Experience in legal research and representation
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I just filed Ch7 to stop a wage garnishment. My file date was

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I just filed Ch7 to stop a wage garnishment. My file date was 09/18/12. Unfortunalty, when I got paid on 09/25/12, the garnishment still happend. I called the collection agency who started the garnishment. I told them I wanted my wages back that were taken after my automatic stay went into effect. The collection agency told me they did not owe me anything because my pay period ended on 09/15/12. Is this true? My other question is this, between 08/01/12 and 09/25/12, they have garnished over $700 from me. Can I get any of it back and if so, how do I go about it. Is there a form I need to fill out or letter I can write or certain law I can reference?

SavyLawyer :

Hello, and thank you for contacting Just Answer.


 

SavyLawyer :

First, no, that is not true, once a chapter 7 petition is filed, an automatic stay goes in to effect for at least 45 days, stopping any collection of any debts from that date forward. The pay period is irrelevant to the equation, and failure to return the funds arguably raises civil liability for the debt collector both under the federal bankruptcy code, and the Fair Debt Collection Practices Act.


 

Customer:

Ok


 

SavyLawyer :

Now, anything collected prior to the date of the filing of the petition likely cannot be recovered, a collector has the right to collect before the filing date, which initiates the automatic stay.


 

Customer:

So how do i get the money back?


 

SavyLawyer :

11 USC 362 is the law about an automatic stay and can be found at:


 

SavyLawyer :

http://www.law.cornell.edu/uscode/text/11/362


 

SavyLawyer :

The first step is generally to raise the law with the collector. If the collector, after you have cited the law, still refuses to return the money, you would arguably have to file a motion to have the collector held in contempt of the automatic stay issued by the bankruptcy court, file a suit against the collector under the FDCPA, or both.


 

Customer:

Ok. Thank you!


 

SavyLawyer :

You are welcome. I would strongly encourage you to seek the assistance of an attorney in addressing the issue. For a referral to an attorney, the Oregon State Bar has a referral service at:


 

SavyLawyer :

http://www.osbar.org/public/ris/ris.html


 

Customer:

I think I am going to do that


 

SavyLawyer :

I think that would be wise. I appreciate the opportunity to chat with you. Please remember to RATE my answer AT LEAST 3 out of 5 so that I can receive credit for my work.


 

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