Q: Should my employer have notified me of any garnishments and can a judgment be added to a chapter 7 bankruptcy?
I received a wage garnishment on my paycheck this pay period and I didn’t receive any notification that my wages were going to be garnished. I don’t know what company is garnishing my wages and I have a chapter 7 bankruptcy currently in place. All creditors should be listed under the bankruptcy. If this creditor is not under my bankruptcy can they be added before I receive my discharge paperwork?
A: Your employer should have provided you with a copy of their Answer to the writ of garnishment, but you should have also received a copy of the writ of garnishment and notice from the creditor in the mail, typically to the last address they would have on file for you. Unfortunately, it is common that consumers do not receive notice before a garnishment begins. At a minimum, your employer should be able to provide you with copies of all paperwork now, so that you may determine who the creditor is and whether they were listed on your bankruptcy schedules. If the creditor was not listed, then they may not have notice of your bankruptcy filing. You can amend your bankruptcy schedules to add a creditor, as long as the debt owed to that creditor was incurred prior to the filing of your bankruptcy petition. You should make sure that the creditor that is garnishing receives notice of the bankruptcy by providing a copy of the amendment to them and by calling them to inform them of the bankruptcy file date and case number.
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