Can debt collectors still try to garnish wages if I told them I filed for bankruptcy? 30 Answers as of June 17, 2011

Is it illegal for a company to keep harassing your employer for garnishments once you have told them that you are filing bankruptcy?

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Jackson White, PC
Jackson White, PC | Spencer Hale
If the creditor is pursuing a garnishment after you actually file bankruptcy then you can sue them. If you are just preparing to file, the creditor can pursue any legal method to collect until such time as you actually file.
Answer Applies to: Arizona
Replied: 6/17/2011
Law Office of Maureen O' Malley
Law Office of Maureen O' Malley | Maureen O'Malley
Not if you've filed for bankruptcy. After you file they can't legally take action against you without court permission.
Answer Applies to: Virginia
Replied: 6/17/2011
Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
Filing bankruptcy stops wage garnishments. Saying you did without actually filing does not stop wage garnishments. If you filed bankruptcy and you provide your employer, your creditor, and the Marshall or Sheriff who filed the Notice of Levy with proof that you filed bankruptcy, the wage garnishment will stop.
Answer Applies to: California
Replied: 6/17/2011
Lakelaw - Loop Bankruptcy
Lakelaw - Loop Bankruptcy | David Leibowitz
You can be garnished for your wages until you actually file your bankruptcy case. At that point, you are protected by the automatic stay and can recover damages if a collector willfully violates the automatic stay.
Answer Applies to: Illinois
Replied: 6/17/2011
Daniel Hoarfrost, Attorney at Law
Daniel Hoarfrost, Attorney at Law | Daniel Hoarfrost
Once you actually file a bankruptcy, your creditors are automatically blocked from any collection, including garnishments.Until you actually file, your creditors can continue to try and collect their claims.
Answer Applies to: Oregon
Replied: 6/17/2011
    Saedi Law Group
    Saedi Law Group | Lorena Saedi
    Creditors can continue to collect a debt until you actually do file the case. Just telling a creditor you are going to file does not create any legal obligation for them to stop. As soon as you file for bankruptcy you can give them your case number and then they will cannot collect on the debt.
    Answer Applies to: Georgia
    Replied: 6/17/2011
    Law Office of Asaph Abrams
    Law Office of Asaph Abrams | Asaph Abrams
    Collectors must comply with fair-debt-collection practices, however saying you filed bankruptcy is not the same thing as filing bankruptcy. One must not say one filed if that is not the case.
    Answer Applies to: California
    Replied: 6/17/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    To actually receive bankruptcy protection one must actually file for bankruptcy. Simply telling a creditor that you are in the process of filing does not stop their attempts to collect money from you.
    Answer Applies to: California
    Replied: 6/17/2011
    Mercado & Hartung, PLLC
    Mercado & Hartung, PLLC | Christopher J. Mercado
    Once you file BK, the Automatic Stay bars the creditors from proceeding with the garnishment. Provide the creditor with the BK info and they should release the garnishment.
    Answer Applies to: Washington
    Replied: 6/17/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    They can keep trying to collect until you actually file bankruptcy.
    Answer Applies to: California
    Replied: 6/17/2011
    Burnham & Associates
    Burnham & Associates | Stephanie K. Burnham
    Collection action does not need to stop until you have actually filed Bankruptcy. Saying you are going to file is like saying "the check is in the mail" they won't believe it until they see it.
    Answer Applies to: New Hampshire
    Replied: 6/17/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    It is illegal for them to garnish wages once you have filed a bankruptcy case. It has nothing to do with you telling them. The automatic stay in bankruptcy prohibits them from doing so and, as the name implies, it is "automatic" once the case is filed.
    Answer Applies to: California
    Replied: 6/16/2011
    The Doan Law Firm
    The Doan Law Firm | Shawn Doan
    Yes, however if you have actually filed for bankruptcy the automatic stay will prevent them from garnishing your wages.
    Answer Applies to: California
    Replied: 6/16/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    There is an automatic stay upon filing for bankruptcy. Debt collectors are prohibited from continuing garnishment.
    Answer Applies to: California
    Replied: 6/16/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Yes, until you actually file. Debt collectors are told all the time by individuals that they are filing bankruptcy and never do, so they don't know if your are serious or just trying to get them off your back. They know you are serious when you actually file.
    Answer Applies to: California
    Replied: 6/16/2011
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    Until you actually file bankruptcy the wage garnishment is still in effect and your employer has to honor it.
    Answer Applies to: California
    Replied: 6/16/2011
    Law Offices of Alexzander C. J. Adams, P.C.
    Law Offices of Alexzander C. J. Adams, P.C. | Alexzander Adams
    They can only garnish if you have not filed. If you actually filed, provide them the case number and they will go away. If you only told them you filed because you are planning to in the future, they can garnish until the case is filed.
    Answer Applies to: Oregon
    Replied: 6/16/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    You told them? That is not how you deal with this. Notice is done in a proper written procedure. If you filed yourself, the fact you did that shows that you are over your head. Get a lawyer before you screw up more things. If you have an attorney, the attorney will do proper noticing and will address any violations of the automatic stay.
    Answer Applies to: Georgia
    Replied: 6/16/2011
    Symmes Law Group, PLLC
    Symmes Law Group, PLLC | Richard James Symmes
    Debt collectors may still try to garnish your wages if you told them you filed bankruptcy. If however you actually filed for bankruptcy, then all debt collection and garnishment efforts must stop as you are protected by the automatic stay.
    Answer Applies to: Washington
    Replied: 6/16/2011
    Grennier Law
    Grennier Law | Michael Grennier
    You don't have the protection of the bankruptcy stay until you have 'actually' filed a bankruptcy case. Telling them you intend to file will not stop their collection activity.
    Answer Applies to: California
    Replied: 6/16/2011
    Law Office of Eric Ridley
    Law Office of Eric Ridley | Eric Ridley
    In general, yes. Most collection activity must stop immediately once the collector receives notice of your bankruptcy. As a matter of fact, deliberate violations on the part of the collector can expose them to significant financial liability, both to you and to your attorney, for fees.
    Answer Applies to: California
    Replied: 6/16/2011
    Financial Relief Law Center
    Financial Relief Law Center | Mark Alonso
    Telling them you are going to file bankruptcy is not enough for them to stop a garnishment. You would actually need to file for bankruptcy protection in order to stop the garnishment.
    Answer Applies to: California
    Replied: 6/16/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Telling someone you filed for bankruptcy makes no difference if it is not true. If you actually filed a bankruptcy case then the collectors cannot contact you or take any action against you, including garnishing wages.
    Answer Applies to: California
    Replied: 6/16/2011
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