bankruptcy/garnishment

This is a discussion on bankruptcy/garnishment within the Consumer Bankruptcy forum, part of the BANKRUPTCY & DEBT COLLECTIONS category; I live in Michigan. I received a notice of garnishment on 09/05/08. My employer began withhiolding payments immediately whihch is ...

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Old Oct 2nd, 2008, 12:53 PM   #1
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Unhappy bankruptcy/garnishment

I live in Michigan. I received a notice of garnishment on 09/05/08. My employer began withhiolding payments immediately whihch is stated in the instructions, but also the instructions say to withhold but not release the funds to the plaintiff until 28 days, and then after 28 days if they have not heard from the court they are to release these funds. I filed bankruptcy on 09/29/08 and my employer received notice of this on 09/30/08. So this was done within 28 days. Ias ked my employer for my money because of the time limit and he says he already paid out the money to the plaintiff and there is nothing he will do. I called the plaintiff and was told too bad they shouldnt have paid them and they will not return my mony either. And even more confusing my bankruptcy attorney tells me I am wrong! I contacted the court and they tell me I am right, the money was not to paid out and I shoudl contact employer and plaintiff which I have done and they both are telling me tood bad!! What can I do? This is my money I worked for-not theirs and I did it legally within the 28 days.
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Old Oct 3rd, 2008, 10:19 AM   #2
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Default Re: bankruptcy/garnishment

The bankruptcy trustee can send a letter and demand the funds back for the bankruptcy estate. Ask him to do so.
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