Q: bank account garnish in small claim court in Polk county, where I live years ago.
when I found out my money was frozen that was giving to me, I did not know what to do. I did not know my rights. so, my husband file a emergency bankruptcy to get a stay. Not knowing I would have a right to ask for a claim of exemption and request for hearing in the court. We didn't file the rest of the emergency bankruptcy papers, so the case has been dismissed. I have filed a claim of exemption and request for hearing in the court before the 20 days, even though we had file the emergency bankruptcy. My husband has been sick and with this covid-19 has not work so we didn't have much money and the 4,700 dollars that was giving to us, was a big deal. I guess we panic, and we did not know our rights. My husband file the bankruptcy for the both of us, but later realize he did not need to for himself since it was not his debt.
Once a bankruptcy case is dismissed, the Bankruptcy Court will not look any further into it, there is no case.
You do not specify under which classification you are entitled to an exemption of claim. If you are able to bring the evidence that proves your entitlement, then the Judge is able to grant your exemption and have any frozen assets released, if they qualify under the exemption law.
The final judgment against you that generated the garnishment will remain on the county records for 20 years and may be renewed by the creditor. It may accrue interest, depending on the terms on the final judgment which are specified in it. It becomes a lien on your real property, which will have no adverse effect on you if the property is your homestead, but will have to be paid off if the property is sold or inherited.
You may want to consult with an attorney directly to clarify your specific situation and actual consequences.
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