Texas, TX asked in Bankruptcy for Texas

Q: How do i get the garnishment, to stop on a debt that was discharged in chapter7 bankruptcy?

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1 Lawyer Answer

A: If a creditor had been provided with proper notice of your bankruptcy and the debt in question was dischargeable, than the garnishing should have stop. If not, than you may seek post discharge injunction and remedies against such creditor. However, if the debt is non-dischargeable and/or you did not provide any noticing to the creditor in questions, the creditor may not be at complete fault. Generally, in Texas, garnishment is permissible in limited circumstance for certain debts such as IRS, child support, etc. If the debt and garnishment was incurred outside of Texas that allows for garnishment, than review your bankruptcy petition to make sure that party was served with notice. Consult your prior or new attorney regarding your current situation.

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