Can a creditor garnish my checking account after Chapter 7 Bankruptcy?

Asked over 4 years ago - Saint Clair Shores, MI

I have found out that my funds in my checking account are frozen because of a judgement. This Judgement was included in my Bankruptcy and i am discharged.

From my understanding i thought i was protected. This is not a Federal Debt (student loans, Tax Liens etc...)

Can they even do this?

Attorney answers (3)

  1. Andrew Daniel Myers

    Contributor Level 20

    Answered . If this is a debt that was subject to the discharge, then this is a clear discharge violation for which you should be able to recover damages. You need a debtor's rights attorney. Try AVVO or try the National Association of Consumer Bankruptcy Attorneys [NACBA] website, type in your zip code and you should find nearby attorneys willing to take this on.

    This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.

  2. Paul Stephen Johnson

    Contributor Level 14

    Answered . I absolutely agree with the above. In addition, many jurisdictions have a judicial procedure whereby bank accounts can be "unfrozen" when a judgment creditor acts improperly (assuming it did so). Please consult an attorney to determine your best course of action.

  3. Mitchell Paul Goldstein

    Contributor Level 20

    Answered . If the judgment was for a discharged debt AND did not become a lien on your property, then this action is a discharge violation. In that case, not only should the judgment have been removed, but you may be able to sue the creditor that is garnishing your account. First, check to make sure that this is a garnishment. If it is, you can have it stopped by filing a Suggestion of Bankruptcy with the local court. Contact a local attorney about having this case dismissed, the judgment marked discharged, and the creditor charged with a discharge violation (a Federal Court action).

    Good Luck,

    [This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

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