How do I stop my wage garnishments? I am filing Chapter 7 myself. And how do I get back what I have paid already in garnishments: I am having my wages garnished right now. I have had 3 garnishments and I am filing Chapter 7 bankruptcy myself. How do I tell my employer to stop my garnishments and how do I get my previously paid garnishments back since they have been within 90 days?
Vincent’s answer: The automatic stay (order for relief) is effective upon filing your bankruptcy case. If my clients are subject to a wage garnishment, I advise them to provide a copy of the notice of filing to their payroll department as well as the Sheriff. Where I practice in Bakersfield California, it is the "civil division" of the Sheriff's office that receives that notice of filing. One important concept to remember is that many payroll departments process payroll days (sometimes a week or more) before your actual pay day. If payroll was already processed, they may not be able to "undo" the garnishment for that particular pay period even if you file bankruptcy before the actual pay date. In those particular instances you want to make sure that you provide a copy of the notice of filing to the Sheriff so that you can seek to have them hold the money and return it prior to mailing it off to the judgment creditor.
I was given a fake check and the bank gave me part of the money can that go though my bankruptcy ?: I am filing bankruptcy and i was given a fake check and the bank gave me part of the money. I have paid half of it back. Can that go through my bankruptcy? They have stopped taking the payment out of my account.
Vincent’s answer: The first thing you need to consider is the amount of the bank's loss. You stated that they gave you part of the money and you already paid half of it back. How much money is currently outstanding? In my experience, if the creditor's claim is not more than $7,500 to $10,000, then it is typically not worth the trouble in objecting to the dischargeability of the debt.
Will my credit score and background show up if I try to apply for an apartment out of state?: Hi I have 4 small children ages 2,3,5,8 and I'm having a hard time renting because of my background that happened back in 2009 and also my credit and I was just wondering if I move out of California will I have a hard time renting will my credit and background stop me
Vincent’s answer: I agree that your credit score will not change merely by moving. Based on the age of the debts (2009), they should be falling off your credit report soon. In general, negative information more than seven years old from the date of last activity (ten years for bankruptcies) must be removed from your file. I suggest that you obtain a free copy of all three credit reports from www.annualcreditreport.com You can see exactly what is appearing on your credit report and dispute any incorrect information. Also, if it turns out that the negative information is more recent, you can try to rent from a landlord that does not pull credit reports.