Law Office of Asaph Abrams | Asaph Abrams
Within certain limitations, bankruptcy is designed to stay garnishments and ultimately discharge the underlying debts. 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
The Law Offices of Katie M. Stone | Katie M. Stone
Yes, a bankruptcy will stop a wage garnishment. I would consult with an attorney before you file a bankruptcy only to stop a wage garnishment. Bankruptcy is very detailed and complex. Most bankruptcy attorneys will offer a free initial consultation. I hope you found this answer useful.
Answer Applies to: Florida
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
The filing of a bankruptcy petition in court creates an "automatic stay" against collection that immediately stops garnishments.
Answer Applies to: Indiana
Weig Law Firm, LLC | Paul H. Weig
Filing bankruptcy automaticall "stays" or halts all collection activity. It will stop a garnishment. Unless you need to file because the total debt load is so great, it may not be the best way to stop a garnishment. Your wages may be exempt from garnishment if you receive government assistance. The creditor's atorney may have made some errors that would give you a right to sue them for violating the Fair Debt Collection Practices Act. The creditor may be willing to negotiate a lower payment amount.
Answer Applies to: Minnesota
Charles R. Nettles - Attorney at Law | Charles R. Nettles
A bankruptcy will stop it but considering Texas law it probably won't stop it forever. In Texas, your wages can only be garnished for payment of child support, IRS taxes and/or student loans. Bankruptcy cannot stop child support garnishment. A bankruptcy will stop IRS garnishments but most taxes are not dischargeable so you would have to go into a reorganization style bankruptcy to pay back the IRS. The same is true of student loans but because of the amount of money usually involved it is extremely difficult to come up with a plan to pay them off within 5 years.
Answer Applies to: Texas
The Law Office of Darren Aronow, PC | Darren Aronow
Yes, bankruptcy will stop the garnishment and will discharge the debt. If you own a home, then you will also have to "avoid the lien" during the bankruptcy to remove the lien that the judgment will have left on your home.
Answer Applies to: New York
Mazyar Hedayat and Associates | Mazyar Malek Hedayat
To stop a wage garnishment you must attack the underlying judgment or file bankruptcy. The filing of a bankruptcy petition causes an automatic stay to issue against all creditors. And since wages can only be garnished per Court order, and Courts only issue judgments when there is proof of service on the defendant, reopening the case will probably not do much good anyway. That means bankruptcy is most likely your best option. Contact a qualified Attorney in your area to learn more.
Answer Applies to: Illinois
Law Offices of Michael J. Berger | Michael J. Berger
Filing Bankruptcy stops wage garnishments. Before you file bankruptcy, make sure that bankruptcy is the best alternative for you. The easiest way to do this is to set up a free consultation with a certified specialist in bankruptcy law and discuss the facts of your matter in detail with him.
Answer Applies to: California
Law Office of John C. Farrell, Jr. | John C. Farrell, Jr.
You should attempt to do a payment arrangement which is also known as a voluntary garnishment. You will likely need to give financials and a budget to the attorneys. On the other hand, the creditor can only take so much because Federal and state laws protect you - there are also exemptions that you need to be aware of.
Answer Applies to: Massachusetts
Athena Legal, LLC | Athena Inembolidis
Yes! A bankruptcy is a great way to stop a garnishment on your wages. Once you file a bankruptcy, the automatic stay goes into effect which stops creditor actions. Even if your garnishment has started, it must stop after your bankruptcy is filed. However, this does not apply to child support payments.
Answer Applies to: Ohio
Law Office of Harry L Styron | Harry L Styron
It depends on what the garnishment is for. If it is for child or spousal support or taxes you cannot stop it with a bankruptcy. If it is for an ordinary debt on which a creditor has successfully sued you, then a bankruptcy will stop it.
Answer Applies to: California
Tony M. May Attorney At Law | Tony M. May PC
If you file a bankruptcy petition and give your employer and the party garnishing your wages notice of the filing of same, the garnishment should stop. The key is to go and see if you qualify for bankruptcy and, if you do, to get the petition prepared and filed as soon as possible.
Answer Applies to: Nevada
Selleck Legal, PLLC | Stacey Selleck
Bankruptcy is an effective way to stop a wage garnishment. If you believe bankruptcy is an option for yourself you should contact an attorney to discuss if you qualify and for what chapter. An attorney will be able to answer all of your questions and discuss the options to put an end to the wage garnishment.
Answer Applies to: Michigan
Walden & Pfannenstiel, LLC : Kansas City Bankrutpcy Attorneys | Malissa L. Walden
Yes, bankruptcy can stop a garnishment. Consumers file bankruptcy for several reasons one of which is to stop a garnishment on their paychecks or bank accounts. Most consumers file a chapter 7 or chapter 13 bankruptcy, both will give you the protection of the automatic stay. The automatic stay goes into effect the moment your case is filed. Repeat filers with successive cases may not be able to take advantage of the automatic stay upon filing depending on when their previous cases were filed. The automatic stay prevents creditors from contacting you in anyway. The stay prevents creditors from attempting to collect a debt through legal means. A creditor is unable to take you to court or attempt to collect on a previous judgment by garnishing your bank accounts or pay checks once your bankruptcy case is filed.
Answer Applies to: Kansas
The Stone Law Firm | Shawn L. Stone
In most cases, filing bankruptcy accompanied by proper notice to the garnishing creditor and/or creditor's attorney can stop a wage garnishment. You should speak with a knowledgeable bankruptcy attorney about your options.
Answer Applies to: Arizona