Garnishment in the midst of filing

[empressj]

So I filed last week and low and behold my HR manager informs me a garnishment order was received. I'm SO embarrassed and sad. I warned my attorney of my concern being that I work in finance my job can fire me for any indiscretions.

I called their office and one person says we're filed then another girl comes on the line and says they don't have the case# yet so essentially I'm not filed. Any money they get will not be refunded if I don't have a case #. This is straight BS. And now my HR says she's moving forward with the garn deduction. Now I'm sure she'll find out about me filing. I work for a small company and not much confidentiality.

Just when I think things are going smoothly and not to stress this happens. I just can't catch a break :/

[Anonymous]

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@empressj wrote:
So I filed last week and low and behold my HR manager informs me a garnishment order was received. I'm SO embarrassed and sad. I warned my attorney of my concern being that I work in finance my job can fire me for any indiscretions.

I called their office and one person says we're filed then another girl comes on the line and says they don't have the case# yet so essentially I'm not filed. Any money they get will not be refunded if I don't have a case #. This is straight BS. And now my HR says she's moving forward with the garn deduction. Now I'm sure she'll find out about me filing. I work for a small company and not much confidentiality.

Just when I think things are going smoothly and not to stress this happens. I just can't catch a break :/

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If you filed, then you have a case number. Call the place that issued the garn and give it to them, or have your attorney call them (that's why you're paying him). Once the company gets the bk info they should release the garnishment. You don't need to tell your employer you filed, nor will the company doing the garnishing. The creditor will just send them a garn release, and the reason stated as to why they're releasing it isn't listed. You should also ask your attorney about recooping any money taken from the garn since you filed. Make sure that ANYTHING you have in collections is notified of your bk, not often are they notified from the original creditor.

[empressj]

According to the paralegal everything has been entered but I have not been assigned a case#. I called the attorney's office who issued the garn and told them I filed. She asked I was sure I added the creditor. I told her yes I was sure. She said she'd send communication to my attorney. Not sure how long the release will take. My HR manager is not working with me. She could wait until the next pay to enter. Doing that will allow time to sort things out. Otherwise I may be out of the money.

[empressj]

my attorney is trying to push for the bankruptcy #. In the meantime the order will stay. He also said my HR manager will find out about the bankruptcy because the release will have bankruptcy info on the paper work. Life will go on and I'll see what happens...

Thank you for responding, it's appreciated.

[Anonymous]

It's going to be ok....keep your head up. 

Why is it taking so long? I had my case number within days.....and even before I had it, I called all my creditors and gave them my attorneys name and number. They backed off immediately. 

[Anonymous]

In my 12 years of doing 3rd and 1st party collections I've never once sent a garn release stating BK info. Maybe she's miss informed? Your payroll is legally required to honor the garnishment on your next pay period following it being served to them. So unfortunately sometimes it gets issued a day before payroll and they have to do it the following day. Sometimes they get issies in between pay periods so you've got a little time prior to it coming out. Unfortunately your payroll can't "hold off" till your next pay period.
Bks are.public record, so if anyone wants to go snooping they could.. however I would hope that a BK isn't going to be held against you with your payroll and company. I will say I've issued garns to places like HP, Symantec, Wells Fargo and the employee seems to always "be let go" by the following payroll or when the garn expires and it's time to issue a new one... just keep thinking happy thoughts, it should all be over with soon.

[holmesnmanny]

You need to find out what date you filed. As soon as you filed you have a case number. There is no waiting period unless you have previously filed within the last year. 

You say you have an attorney and you say you have a paralegal. If it's a paralegal, then it's possible she's dragging her feet and it hasn't even been filed yet. All bankruptcy filings are available online. You just need to open a Pacer account and you can look everything up. 

Don't listen to people who say the garnishment is required to be put through. That's flat out wrong. The bankruptcy automatic stay IMMEDIATELY trumps any and all collection efforts in almost all cases(one example it wouldn't stop would be if it was child support). If you had a real attorney he/she would be sending a letter reminding your payroll department that they are to IMMEDIATELY cease any and all collection attempts. If they really wanted to be jerks they could hold the money until the bankruptcy discharge to see if the trustee wants it but that will only happen if the person holding the money is Wells Fargo. 

[empressj]

We signed everything last Thursday. They did tell us it would be a few days before we receive the case #. The garn order issue just broke loose today. As of late the collectors have backed off since I've been providing attorneys info. 

Thank you so much for the encouragement.

[empressj]

We went in last Thursday to review and sign the paperwork. The paralegal did have our details entered in the system. I saw it. She was upfront and said it would be a few days.

Since my post I spoke with attorney he claims everything is complete however it has not been assigned a case #. Claims he will reach out to push for case # to be assigned so that garn order can be released.

The paralegal could be misinformed about who notifies payroll about the release.I don't see how they would find out when the release comes from attorney who is suing me especially when I haven't even been assigned a case #.

So can I search PACER without a case#?

[empressj]

@holmesnmanny, I checked PACER and see nothing with my name. I believe my attorneys office dragging their feet and feeding me horse hockey about waiting on a case # 😡. I'm angered bc me and my husband are the vulnerable ones in this and are grateful we have an option but don't deserve to be strung along. I will be reaching out to them first thing in the morning.

Thanks!