Just got word from a former employer that he was sent certified papers from an attorney with a bunch of questions. He called them and told them I no longer work there and was told to write it across the time response papers and mail them back. I guess they were looking to garnish my pay. Little history Been having allot of medical problems to the point were I was unable to work accruing medical and credit card debt. After the first two surgeries I halted my disability SS paperwork to try to go back to work. I inquired about bankruptcy but was advised not to until all medical was completed. I started working a temporary fulltime position but now am on convalescent leave as I am awaiting my fifth surgery in the last year and half. I was again advised by a few different lawyers to pay back friends and family in the meantime and wait until all my medical was over before filing bankruptcy. My questions are should they find out about this employer (in the state of NY) can they garnish a persons salary on convalescent leave? Is convalescent leave the same as being on disability? Next can they place a judgment on my checking account? If so is filing the bankruptcy the only way to reverse this? I am still trying to stay afloat. Thanks in advance.
Generally speaking, there is no exemption from garnishment on convalescent funds (though I don't know if NY has one--you should check with a NY bankruptcy attorney). Your bank account is subject to garnishment on a judgment. I'd suggest speaking with a bankruptcy attorney now.
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