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    kaydiva97's Avatar
    kaydiva97 Posts: 1, Reputation: 1
    New Member
     
    #1

    Jan 16, 2008, 04:16 PM
    Can my garnishment be refunded?
    My paycheck started to be garnished on Dec 21st for $294. Since then I have had a deduction on Jan 4th for the same amount.
    The actual company garnishing me says that they don't have the money and my payroll dept says that they sent it to the courts.
    I filed bankruptcy on Mon Jan 9th... my payroll dept claims that they cannot return the previous garnished amounts and that I need to "work that out with the courts".
    Should I contact the Fulton County Court and if I do, will THEY return my money?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Jan 16, 2008, 04:17 PM
    The bankruptcy can sotp the garnishments but not return them.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #3

    Jan 16, 2008, 04:27 PM
    Yes, the payments made to be applied to your debt were made before the bankruptcy, so they belong to the lender they were suppose to go to.

    Now what the heck you can send the court a copy of the bankrutpcy and ask for the money back,

    But the lender should be asking for their money, from the court.
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
    Ultra Member
     
    #4

    Jan 16, 2008, 10:44 PM
    I believe the funds are property of the bankruptcy estate and can be recovered by the Trustee; to the extent you are claiming ownership, you may have to show the funds on your schedule of exemptions.

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