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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 :/
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.
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.
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.
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.