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wolverines1 · Jun 1, 2012, 07:28 AM

I had retained a lawyer in October of 2011 to file for Chapter 7, however, to date he hasn't filed nothing so I retained another lawyer and we are going to meet with the creditors in July of 2012. My question is, that during the time I was waiting for my first lawyer, I was provided a summons so I notified him by mail (since he doesn't return calls) about it and he said to provide him with information and he'll take care of it and not to worry. Well early this week, I received a letter from my bank stating that they garnished my funds (83 dollars). Is it possible to stop the garnishment since my lawyer filed my paperwork? Thank you.

smoothy · Jun 1, 2012, 07:58 AM

Originally Posted by wolverines1

I had retained a lawyer in October of 2011 to file for Chapter 7, however, to date he hasn't filed nothing so I retained another lawyer and we are going to meet with the creditors in July of 2012. My question is, that during the time I was waiting for my first lawyer, I was provided a summons so I notified him by mail (since he doesn't return calls) about it and he said to provide him with information and he'll take care of it and not to worry. Well early this week, I received a letter from my bank stating that they garnished my funds (83 dollars). Is it possible to stop the garnishment since my lawyer filed my paperwork? Thank you.

No... they already GOT a writ of Garnishment because they won a settlement... its going to continue at least for the short term.

JudyKayTee · Jun 1, 2012, 10:23 AM

What paperwork did either Attorney file? The creditor can hold off as a courtesy but until the paperwork is in the Court's hands and the Notices are sent out - you owe.

AK lawyer · Jun 1, 2012, 11:09 AM

Originally Posted by wolverines1

I had retained a lawyer in October of 2011 to file for Chapter 7, however, to date he hasn't filed nothing so I retained another lawyer and we are going to meet with the creditors in July of 2012. My question is, that during the time I was waiting for my first lawyer, I was provided a summons so I notified him by mail (since he doesn't return calls) about it and he said to provide him with information and he'll take care of it and not to worry. Well early this week, I received a letter from my bank stating that they garnished my funds (83 dollars). Is it possible to stop the garnishment since my lawyer filed my paperwork? Thank you.

Certainly. Your lawyer should notify the state court that you have filed for protection under the Bankruptcy Code. That will require the state court to stop the garnishment. If in doubt, ask your bankruptcy attorney to take care of it. It's a simple matter.