Q: Employer not changing Ch.13 wage garnishment, states they have not received the court order after almost two months.
I had my wage garnishment lowered by the bankruptcy court and almost 2 months later, my employer still has not lowered the amount. After contacting my employer, they stated they did not receive a copy of the court order and they asked me to fax them a copy of the court order so that they could change the amount. After faxing the court order to them and confirming they did receive it, they still have not changed the amount. My understanding is that most states have laws regarding employers not following the court orders regarding wage garnishments so how long do I reasonably give my employer to change my wage garnishment and what do I have to do to show that I’ve reasonably demonstrated that the garnishment should be changed i.e. the court sending them a copy of the order verified by PACER and myself faxing them a copy of the order? Is the fact that they claim to have not received the order a competent defense? Not a DIY case, have lawyers, looking for a 2nd opinion.
A:
It is obvious from the tenor of your question that you are doing a DIY bankruptcy. That's your first mistake. You are making assumptions that things happen automatically when for the most part they don't.
Go get a lawyer to help you sort this out.
Good Luck
d
A: Ask your lawyer to file a motion to hold them in contempt.
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