Once a petition is filed with the U.S. Bankruptcy Court, it automatically operates as a stay of various actions against the debtor and the bankruptcy estate, such as the commencement of a judicial proceeding against the debtor, the enforcement against the debtor of a judgment obtained before the commencement of the bankruptcy case, or the enforcement of a lien against property of the estate. The automatic stay immediately suspends any lawsuit filed against the debtor and stops virtually all actions against the debtors property by a creditor or collection agency. It acts as an injunction against the continuance of any action by any creditor against the debtor or the debtor's property. Anyone who willfully violates the stay in the case of an individual debtor can be liable for actual damages caused by the violation and sometimes liable for punitive damages.
Pennsylvania Motion in Federal Court by Debtor to Hold Garnishing Creditor in Contempt
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How to fill out Motion In Federal Court By Debtor To Hold Garnishing Creditor In Contempt?
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FAQ
To obtain release of your account, you need to call the judgment creditor's attorney (you can get the attorney's contact information from your bank). Notify the attorney that all the funds in your bank account are exempt from debt collection and demand an immediate release of your account.
PENNSYLVANIA LAWS FOR FREEZING BANK ACCOUNTS First, the creditor must obtain a money judgment. After the judgment is obtained, the creditor must find a bank account that is in the name of the debtor. Once an account is located, the attorney must file and serve a Writ of Execution on the bank.
To garnish joint bank accounts, creditors need a judgment against both spouses. There is a possibility that a Pennsylvania debtor may be subject to wage garnishment by a different state if he or she has a legal connection to that state, such as Pennsylvanians who commute to New York or Washington, D.C. for work.
Pennsylvania does permit what is called "bank garnishment." This means if you have money in a bank, a creditor may obtain a judgment against you in court and garnish whatever money is deposited there ? even if that money is from a direct deposit of wages. Once the money is in the bank, it is subject to garnishment.
The creditor can often place a lien on your property, such as a house or car. The lien must usually be paid off before you can sell the property. Seize assets. Sometimes, a creditor can get a court order to seize other assets or personal property you own, such as a vehicle or real estate, to satisfy the debt.
If a creditor obtains a judgment against you, it can obtain a writ of execution to levy your bank account without prior notice to you. The bank account will be frozen, and you will have a period in which to respond.
Pennsylvania exempts from execution on judgment on a contract all wearing apparel of the debtor and his family, bibles and school books in use in the family, as well as $300 worth of any property owned or in pos- session of the debtor.
A judgment creditor does not have to give you specific notice before freezing your bank account. However, a creditor or debt collector is required to notify you (1) that it has filed a lawsuit against you; and (2) that it has obtained a judgment against you.