Wage Attachment or Termination of

Rev. 09/30/14
MOTION FOR WAGE ATTACHMENT & TERMINATION OF WAGE ATTACHMENT
 
Overview:
 
A motion for wage attachment is filed to request the employer of the debtor to withhold monies from a debtor’s wages to be sent to the trustee, a creditor, or the debtor’s attorney. A debtor may also file a motion to terminate a wage attachment order. In either instance the following procedures apply.
 
If the filing is to pay directly to the Trustee, has concurrence of the employer or to terminate the wage attachment, no notice is required
 
If the filing is to pay a secured creditor and is without concurrence; it should be accompanied by the Motion, Notice of Motion, Certificate of Service and Proposed Order.
 
For order format, please see Proposed Orders
 
 
Codes, Rules and Forms:
 
Bankruptcy Code:
None
Bankruptcy Rule:
None
Local Rule:
None
Local Form:
None
 

CM/ECF Event(s):
            Motions/Application/Contested Matters, Wage Attachment Order (or termination of)
 
 
I.     Noticing:

       A.       Type:                Passive - 21 day language. A notice is not required if the motion is to pay the Trustee, if

                                          concurrence of the employer has been filed or if the motion is to terminate the wage attachment.

       B.       Who Serves:  Movant

       C.       Service:           D, DA, T and/or UST, L20, COMM, P