Garnishments: I received checks for funds that were garnished but they are made out to the Creditor. What should I do?
- You've had money garnished and have filed a Chapter 7 bankruptcy.
- Slayton Law has been able to get back some or all of your garnished money.
- After the Bankruptcy Court quashes the garnishment, the person who is holding the funds will send the garnished money to the Chapter 7 Trustee, or to Slayton Law.
- That money is held by the Trustee or Slayton Law until the Creditors Meeting (the 341 Hearing). At the 341 Hearing, so long as the funds have been fully exempted, the check for the garnished funds will be returned to you.
- The issue is that the check given to you at the 341 Hearing is often made out to your creditor, not you.
- You will need to take that check back to your employer and ask them to reissue the check to be made out to YOU. This may take your employer several weeks. This step is handled between you and your employer. Just tell them that the court has approved it.
- It is rarely necessary, but if your employer has questions about whether they can make out the check to you, have them call our office at 434-979-7900. We will be more than happy to walk your employer through the process so you can get your money back as soon as possible.
