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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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Old 01-15-2002, 10:50 PM
floyde316
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bankruptcy/wage garnishments


I have filed Chapter 7 and have forwarded the petitons to both my company and the levying officer, (los angeles sherriff). The sherriff has reconized the petiton and has stopped accepting payment from my company however my company is still withholding my wages and what do I do to get my money back?
  #2  
Old 01-16-2002, 12:42 PM
JenniferH
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Tell them to stop garnishing under the Federal Law or they will face legal problems. Once you filed the bankruptcy, they by law, must stop all garnishments. Did you get proof that your employer did in fact recieve the paperwork? Could be that they didn't get it? I would make sure they got the paperwork, if they did, then tell them they must stop.

If you have a lawyer, tell him/her and get him to take care of it.

Good Luck,

PS: They must reimburse you for the money they garnished. I can't remember how far back you can go. I think it may be 45 days (I was just forwarded this new info), it was 90, check the federal law and your attorney, if you have one. I suggest you have an attorney.
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