Expert: Terry Leeders - 7/13/2007

Question
I live in the state of Georgia.  I filed chapter 7 in Octover of 05  My bankruptcy was discharged in January 2006.  On July 10, 2007 an attorneys office placed a freeze/garnishment on my checking accounts.  I confirmed with the credit card company that this was covered in my bankruptcy.  The original debt with the credit card company was a little over one thousand dollars.  This attorney placed a garnishment of over THIRTY THOUSAND dollars on my checking account and placed a lien on my home.  How they came up with that amount, your guess is as good as mine.  This freeze on my checking account has left me with no way of paying my bills (even though I have the money, just can't touch it) and has left me unable to go to the grocery store to feed my family of 6.  My bank also notified me that because of the freeze on the account any checks that I have written will be returned as non sufficiant funds.  Which will cause me a lot of money.  My bank charges 33 dollars for each NSF charge. Plus what ever each store decideds to charge me for the "bad" check.  What are my rights and what can I do to this clear case of contempt of court?  Can I sue them for damages? Can I sue them for the cost of having a lawyer reopen my bankruptcy case? Any information would be greatly appreciated.
Thank You,
Michelle

Answer
You probably do not have to reopen the bankruptcy case.  Assuming that you listed this debt in the case, it sounds like you may have a potential state court action for a violation of the bankruptcy discharge.  You should contact your bankruptcy attorney for the process...he or she may be able to contact the attorney to get them to lift the hold without having to bring a lawsuit.