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Updated over 7 years ago on . Most recent reply

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Bonnie Kellehan
  • Claremore, OK
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Tenant's previous bankruptcy/Post-petition debt collection?

Bonnie Kellehan
  • Claremore, OK
Posted

I had a tenant during 2016, evicted in Jan. 2017; our county court ordered judgement for past due rent. In Oct. 2017, I learned of her new employment and filed wage garnishment toward the judgment/debt.

Today, I received a call from tenant's attorney who stated that, "since the tenant filed for chapter 13 bankruptcy in 2015, I could not legally garnish her wages." This is despite the fact that the tenant never disclosed the bankruptcy to me or to the court while we were there to settle the debt she owes me. Her debt to me was incurred AFTER her bankruptcy.  I was never given a "Letter to incur debt" from any bankruptcy trustee, either, so I assume that she was not given court permission to be indebted again. (is past due rent/court ordered judgment treated the same as credit debt?) The attorney told me I could not legally garnish her wages until after the debt included in the bankruptcy was closed

Is this correct? Legally, must I return any garnishment checks I might receive...and how in the world would I know when her bankruptcy case would be complete, in order to wait to garnish her wages, later, as he suggested?

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