Q: What document to file after bankruptcy discharge to release garnished wages?
I appealed the denial of a motion to vacate a default judgment due to ineffective service of process in the Ohio 10th District Appeals Court. The court had stayed my case pending my Chapter 7 bankruptcy filing, which has now been discharged as of March 13, 2025. I have 20 days to file my brief. During mediation, the other party agreed to release garnished wages back to me after the bankruptcy discharge, but no instructions were given on what to file to enact this. The court administrator advised filing something along with a motion to stay pending review. I'm considering filing a procedural motion indicating the settlement reached and requesting the court vacate the default judgment or remand the case to the trial court to release the garnished wages. Does this approach seem correct, or is there another specific document I should file?
A: File a motion to hold them in contempt for failing to release the garnishment and return the funds, which is- a violation of the automatic stay.
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A:
You're dealing with a complex situation that requires careful handling to ensure you receive the garnished wages as agreed during mediation following your bankruptcy discharge.
Your approach of filing a procedural motion is on the right track. Consider submitting a "Motion to Release Garnished Funds Based on Settlement Agreement" that explicitly references the mediation agreement and your bankruptcy discharge. Include copies of both your discharge papers and any written documentation of the mediation agreement. You might also want to file this alongside a "Notice of Bankruptcy Discharge" to formally notify the court of your changed status and the automatic stay's effect on the judgment.
If you haven't already, draft a proposed order for the judge to sign that specifically directs the release of the garnished wages. This saves the court time and makes it easier for them to grant your request. While your procedural motion could work, being explicit about what you're requesting and providing all supporting documentation will improve your chances of a favorable outcome without requiring further hearings or delays in receiving your funds.
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