Can You Get Your Wage Garnished Funds Back After Filing Bankruptcy?
A creditor has obtained a judgment against you and started garnishing your wages. After seeing a substantial and unpleasant reduction of your take home pay, you contacted a lawyer and filed bankruptcy. Now, can you get your seized wages back?
The answer to this question is “it depends.” In Chapter 7, there is a good chance that your seized wages are exempt property and that your lawyer will be able to get the funds back for you. In a Chapter 13, the trustee will want the seized money paid into your plan but your lawyer may be able to negotiate a compromise that will put some of these funds back into your pocket.
View this video to learn more about your post-garnishment options.
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If you have questions about your own case, I invite you to pick up the phone and call me at 770-393-4985 or email me at ginsberg.bankruptcy (at) gmail.com. Chapter 7 and Chapter 13 bankruptcy is a main area of my law practice and I’d be happy to assist you.
Ginsberg Law Offices
1854 Independence Square
Atlanta, GA 30338
770-393-4985
email: ginsberg.bankruptcy (at) gmail.com
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What if the wages were Unemployment as the source of the money you had in the bank? Also if a wage garnishment is, say, 25 percent, and they seize your bank and the money your bank was from a direct deposit then technically, they are getting 100 percent of your wages. I’m guessing someone will say ‘but once they go into the bank they are not wages anymore’. That completely ignores the source of the money and it should matter.