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I filed chapter 13 Bankruptcy last year. I had been

I filed chapter 13...

I filed chapter 13 Bankruptcy last year. I had been garnished and was told the amounts from the previous 90 days would be returned. I am still owed about 1500 dollars and my attorney's office has not been responding to my voicemails for a couple months now. It has been over 9 months since the company that garnished me was notified they had to return the money, do I have any recourse?

Lawyer's Assistant: What state are you in? And has anything been officially filed?

Michigan, I am not sure I received a copy of a fax that was sent to the company last summer but I don't know if anything was filed with the trustee

Lawyer's Assistant: Has anything been filed or reported?

Reported to who?

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Answered in 26 minutes by:
1/23/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 11,468
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Did the judge make an order for the garnishment to be returned?

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Customer reply replied 4 months ago
I do't think there was an order, I know at my my confirmation hearing the Judge asked my attorney the status of the garnishments being returned but I don't think they sent an order to the company. I want to know if I have legal recourse, I am considering firing my attorney and seeking another if I do.

You may want to consider just writing a formal demand letter to the organization that garnished your wages. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation.

If that doesn't work, then you may need to make a motion for order to show cause with the bankruptcy court regarding this. You should explain that you have been garnished and that the amounts were to be returned; however, neither your attorney nor the other party has returned correspondence to you and thus you need the court to enter an order to help you get your money back. Usually, with the motion, you just write down the facts and explain to the court that you're moving (asking) that they enter an order which would compel them to return the $1,500.

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Did you have other questions for me at all?

Legal Eagle
Legal Eagle, Lawyer
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Customer reply replied 4 months ago
no more questions that was a great help thank you

You bet!

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