My friend in Detroit, Michigan filed,and he was able to get back 3 months of his money . Are the laws the same in Florida. I just filed 3/31/08, and if so what is the statute so I can research it.

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Originally Posted by nailsnathen

My friend in Detroit, Michigan filed,and he was able to get back 3 months of his money . are the laws the same in Florida. I just filed 3/31/08, and if so what is the statute so I can research it.

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It's Federal Law, not State, so your friends residence does not matter. The return has to be requested by an Attorney. The Law is:

"The bankruptcy attorney for the debtor will write a letter to the employer or bank and explain that the garnishment has been stopped by the filing of the bankruptcy and that the employer or bank should no longer withhold the funds from the paycheck or bank account.

Once notice has been given to an employer or bank regarding the bankruptcy filing, the employer or bank will then usually send all garnished funds that have been held to the bankruptcy trustee assigned to administer the debtor’s bankruptcy case. If the debtor, or debtor’s attorney, has successfully exempted the garnished funds on the bankruptcy petition, the bankruptcy trustee will “abandon” any interest in the funds and turn the funds over to the debtor.

Stopping a garnishment and recovering funds held pursuant to a garnishment can be very complicated. The process requires an expert knowledge of bankruptcy procedure and bankruptcy exemptions. Debtors should always consult with an experienced bankruptcy attorney concerning serious bankruptcy matters like stopping a garnishment and recovering garnished funds."