8/22/2005

Advice from Nashville's leading Financial Aid Advisor Dave Ramsey

 
Dave Says
By Dave Ramsey
Author of:
Financial Peace and
The Total Money Makeover

"Wages being garnished after bankruptcy!"

Dear Dave,

Not long after I filed Chapter 7 bankruptcy my paychecks started being garnished. The debt that is being garnished is part of the bankruptcy filing. I contacted my lawyer about this, and he said he submitted some paperwork to make it stop. After this, there was a period of about two months when the garnishing did stop, but then it started all over again. What can I do?

Kai in Flint, MI

Dear Kai,



The people who are garnishing your checks are in violation of federal law. There was an injunction placed against them when you filed bankruptcy prohibiting them from collecting on this debt. You need to send a copy of your bankruptcy discharge and a copy of your bankruptcy filing by certified mail to the attorney who’s doing the garnishment, and tell him that you’re going to sue him if he ever touches your money again.

If this doesn’t work and your attorney can’t do something similar to help you, then you need to find a new attorney. The people who are garnishing your paychecks are totally in the wrong.

- Dave

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