My paycheck has been garnished for the past three months, and I just filed for Chapter 7 bankruptcy. Can I make the creditor give me the money back?
Yes, in some cases, you can get your garnished wages back, especially if the total amount garnished in the 90 days before filing is over $600. You should speak with your bankruptcy attorney about this.
@Keir
Exactly. If it’s over $600, the bankruptcy trustee might be able to recover that money for you.
@Keir
Also, make sure you’ve documented when the garnishments happened so there’s no dispute over the timeline.
If it’s been less than 90 days, there’s a good chance you can recover the money. Your lawyer will know how to handle this.
Payton said:
If it’s been less than 90 days, there’s a good chance you can recover the money. Your lawyer will know how to handle this.
Right. The timing of your filing is really important here, so double-check everything with your lawyer.
Some creditors can be difficult about returning garnished wages, so it’s best to wait a few extra days beyond the 90-day mark before filing. That gives you a stronger case.
Wray said:
Some creditors can be difficult about returning garnished wages, so it’s best to wait a few extra days beyond the 90-day mark before filing. That gives you a stronger case.
That’s a great tip. It’s always good to have a buffer to avoid disputes over exact dates.
Talk to your bankruptcy trustee. They’ll know if your case qualifies for a wage recovery and can take steps to get your money back.
Keep in mind that not all garnished wages are recoverable. It depends on how much was taken and when. Your attorney will guide you on the next steps.
Luca said:
Keep in mind that not all garnished wages are recoverable. It depends on how much was taken and when. Your attorney will guide you on the next steps.
And don’t forget to check if your state has additional protections that could help you recover your wages.