Q: Can a company garnish your wages if you've had a bankruptcy before and without a court hearing?
My mom had her wages garnished by some company and she got the case in the mail but doesn't remember what it is even for but believes it was for something that happened a very long time ago. My dad has filed for bankruptcy a few times and at least one of those times, it included my mother. I have the papers but don't understand them but not sure how to proceed to fight this.
A: It's impossible for someone to analyize your situation without sitting down with you and going over everything. You most likely can get a free consultation from a local bankruptcy attorney in your area.
William John Light agrees with this answer
A: You need to meet with an experienced bankruptcy attorney in your area, in order to determine what the status is of the creditor that is garnishing your mom's salary. A review of the prior bankruptcy documents that included your mom would be required in order to determine whether the creditor was included or not. You may also want to look carefully at the documents your mother should have received from the employer - depending upon her financial situation, she may be able to object to the garnishment - but this requires a financial analysis and assistance from an attorney as well.
William John Light agrees with this answer
A: Consult with a bankruptcy attorney. Bring the bankruptcy court documents for them to be reviewed.
A: Unles the debt was previously listed in the petition your mom was a party to, or if it was incurred after the discharge was entered it has not been discharged. If not discharged, then the creditor May file suit, obtain a judgment and attempt to garnish her without violating the discharge or the Debtors rights.
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