Do I still have to pay after the garnishment is discharged in bankruptcy? 28 Answers as of August 26, 2011

After a garnishment has been stopped or discharged do I still have to pay?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Heupel Law
Heupel Law | Kevin Heupel
No, unless it is for tax debt or child support. Otherwise, the debt will be discharged and you will not have to repay it.
Answer Applies to: Colorado
Replied: 8/26/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
If the debt was discharged, you are no longer personally liable for it.
Answer Applies to: Washington
Replied: 8/10/2011
Eric J. Benzer, Attorney at Law
Eric J. Benzer, Attorney at Law | Eric Benzer
No
Answer Applies to: Maryland
Replied: 8/6/2011
Law Office of John C. Farrell, Jr.
Law Office of John C. Farrell, Jr. | John C. Farrell, Jr.
It depends on the form of bankruptcy Ch 13 or Ch 7. Under a Chapter 7filing protection is given under the automatic stay provision, which generally prevents creditors from collecting debts from you. Under the automatic stay, creditors are not allowed to call you or send you collection letters. They also cant take or continue any legal action against you or repossess your car or other assets.If a garnishment order has been issued the automatic stay stops garnishment of your wages and will not resume after the discharge.
Answer Applies to: Massachusetts
Replied: 8/3/2011
Lewis Adams and Associates
Lewis Adams and Associates | Lewis P. Adams
The purpose of the discharge is to allow you a fresh start. Your personal obligation to pay the debt is forever gone.
Answer Applies to: Utah
Replied: 8/3/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    No.
    Answer Applies to: Virginia
    Replied: 8/3/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    When a wage garnishment is pending in a bankruptcy all collection activity ceases. After discharge nothing is owed.
    Answer Applies to: California
    Replied: 8/3/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    No. Once a debt has been discharged it is erased. The creditor that you owed money to can no longer try to collect from you. If they do they are in huge trouble.
    Answer Applies to: California
    Replied: 8/3/2011
    Melinda Murphy Dionne, PC
    Melinda Murphy Dionne, PC | Melinda Murphy Dionne
    If the debt owed to the garnishing creditor was discharged in your bankruptcy case, the creditor cannot take any further action to collect the debt from you. This includes future garnishments, phone calls, or other attempts to collect the debt. The question you need to answer is whether the debt was discharged in your bankruptcy case.
    Answer Applies to: Alabama
    Replied: 8/3/2011
    Grasso Law Group
    Grasso Law Group | Charles Grasso, Esq.
    It depends on what the garnishment was for. If the debt associated with the garnishment is discharged in bankruptcy then the creditor cannot seek a garnishment since the debt would no longer exist upon discharge.
    Answer Applies to: California
    Replied: 8/3/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Your question doesn't make sense. Can you repost it?
    Answer Applies to: Georgia
    Replied: 8/3/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    No (assuming this is not tax debt)
    Answer Applies to: California
    Replied: 8/3/2011
    Law Office of Asaph Abrams
    Law Office of Asaph Abrams | Asaph Abrams
    Discharge of a debt means you no longer have to pay on that debt and it can no longer be collected upon. Certain debts, such as (but not limited to) child support are not discharged in bankruptcy. This answer (as well as our Web site) doesn't address all facts & implications of the question; it's general info, not legal advice to be relied upon; it creates no attorney-client relationship; it may be pertinent to CA only; it's independent of other answers. Hire legal counsel before acting or refraining from bankruptcy/legal action
    Answer Applies to: California
    Replied: 8/3/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    No. When you file bankruptcy the automatic stay prohibits further garnishment action while the case is pending. When the discharge is received, the debt is discharged and there is no longer any debt to satisfy with a garnishment.
    Answer Applies to: California
    Replied: 8/3/2011
    Apple Law Firm PLLC
    Apple Law Firm PLLC | David Goldman
    You have to look at whether the debt was discharged in the bankruptcy. Most will be and then there would be no obligation. This cannot be answered without knowing your specifics.
    Answer Applies to: Florida
    Replied: 8/3/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    No, if the debt that led to the judgment and garnishment is discharged then you no longer owe the debt so you do not need to pay it.
    Answer Applies to: California
    Replied: 8/3/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    No.
    Answer Applies to: California
    Replied: 8/3/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    No, you don have to pay it (unless it was for child support in which case it would not have stopped when you filed - or non-dischargeable taxes).
    Answer Applies to: California
    Replied: 8/3/2011
    Dan Shay Law
    Dan Shay Law | Daniel Shay
    Only if it is for a non-dischargeable debt.
    Answer Applies to: California
    Replied: 8/3/2011
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    no
    Answer Applies to: California
    Replied: 8/3/2011
    Kalra Law Firm
    Kalra Law Firm | Madhu Kalra
    If the Judgment for which wage garnishment, is stopped was discharged in bankruptcy, you don't have to resume payments or wage garnishment will not resume, after order of the discharge and closing of bankruptcy. However, please note that, only dischargeable debts are discharged. For example, Student loans or judgments for domestic support are not dischargeable debts. Obligation to pay continues even after completion of the bankruptcy. On the other hand, if the judgment based upon which your wages are garnished, are based upon a credit card debts or medical bills, it will be discharged and you will not be obligated to pay debt, upon seeking discharge in bankruptcy.
    Answer Applies to: California
    Replied: 8/3/2011
    Financial Relief Law Center
    Financial Relief Law Center | Mark Alonso
    If you've filed ch. 7 bankruptcy after a wage garnishment has hit your pay check, and you list the debt, for which you were being garnished, on the bankruptcy petition, then you should not have to pay that debt any longer, and the debt should be discharged as part of the bankruptcy. Filing the ch. 7 should also stop the garnishment dead in its tracks so that you should not see the money deducted from your paycheck going forward.
    Answer Applies to: California
    Replied: 8/3/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    If the debt has been discharged, no have no further obligation to pay it.
    Answer Applies to: California
    Replied: 8/3/2011
Click to View More Answers:
12 3 4 5 Free Legal QuestionsConnect with a local attorney