Can I Get Garnished Money Back in a Bankruptcy?

Bankruptcy Attorney

Most individuals that end up with their income becoming garnisheed are already in a dire financial state. Action such as this can make it impossible for them to make any effort into paying their bills. In some cases it can even affects their basic living expenses. Bankruptcy has been put in place to help those who have no other options for clearing their debt. Often credits will take action as quickly as possible, and if they have the legal ground to do so they will garnish the debtor’s income.

When an individual enters into bankruptcy the courts will probably issue an automatic stay. This will put the garnishment on hold during the period of the bankruptcy. In some cases the debtor who is under a garnishment can file a complaint with the bankruptcy trustee asking that the money that has been garnisheed to be returned. This is something that you should discuss with your Fairborn bankruptcy attorney.

In many cases money that has been collected through the garnishment process within the last 90 days prior to filing for bankruptcy may be ordered to be returned by the creditor. This will depend on the amount of money collected and if there are enough bankruptcy exemptions within the particular bankruptcy case.

Ideally individuals who know that they have no other way out of their financial situation should look into bankruptcy options quickly. By doing this it can put a stop or hold on the garnishments before they even get started.

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