Streamwood, IL asked in Bankruptcy for Wisconsin

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.

Related Topics:
2 Lawyer Answers
David Luther Woodward
David Luther Woodward
Answered
  • Bankruptcy Lawyer
  • Pensacola, FL

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

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Ask your lawyer to file a motion to hold them in contempt.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.