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Janet A. Lawson Bankruptcy Attorney | Janet Lawson
It should stop immediately. Sometimes the employer has written the check before they receive the notice from the sheriff to stop. In that case you should get the money back.
Answer Applies to: California
Replied: 7/6/2011
The Law Office of Mark J. Markus | Mark Markus
It must stop immediately on the date your case is filed, by virtue of the automatic stay provisions of 11 U.S.C. 362.
Answer Applies to: California
Replied: 6/30/2011
Mercado & Hartung, PLLC | Christopher J. Mercado
After you file BK, the automatic stay will apply. The creditor should release the garnishment funds after receiving notice of the the BK filing.
Answer Applies to: Washington
Replied: 6/30/2011
Benson Law Firm | David Benson
The automatic stay operates to put an immediate halt to all collection matters, including wage garnishments. As a practical matter, getting an employer to stop a garnishment can be a headache. However, with a competent attorney, you can have the garnishment stopped and any unlawfully collected funds returned to you within a short period of time.
Answer Applies to: Ohio
Replied: 6/29/2011
Law Offices of Alexzander C. J. Adams, P.C. | Alexzander Adams
Immediately with notice to the garnishor.
Answer Applies to: Oregon
Replied: 6/29/2011
Koch Laron Law | Phillip Koch
Once you file a bankruptcy all collection efforts must stop, and any monies collected after you filed must legally be returned to you. Contact the creditor who did the garnishment and give them BK info. and tell them they must stop immediately. Also give this info. to your employer. If you need to bring in an attorney, my firm handles bankruptcy work.
Answer Applies to: California
Replied: 6/28/2011
Law Office of Maureen O' Malley | Maureen O'Malley
It should stop immediately. Your attorney should have let the creditor and the bank or employer know. The creditor may return the money to you or to your lawyer or to the trustee. But no further money is allowed to be garnished once notice of bankruptcy is received.
Answer Applies to: Virginia
Replied: 6/28/2011
Law Offices of Michael J. Berger | Michael J. Berger
Bankruptcy immediately stops wage garnishment. This is because of 11 U.S.C. Section 362 Automatic Stay. Still, you need to let the appropriate people know about the bankruptcy filing to stop the garnishment. Have your attorney prepare a Notice of Automatic Stay and file it in the court case in which you were sued and your creditor obtained a judgment and a wage garnishment order. He should serve a copy of this Notice of Automatic Stay on the counsel for the creditor and on the person or persons who handles payroll for your employer.
Answer Applies to: California
Replied: 6/28/2011
Jackson White, PC | Spencer Hale
Legally it must cease immediately, but practically it is common for there to be one or two paychecks garnished after the bankruptcy. However, anything garnished after the bankruptcy will be reimbursed to you.
Answer Applies to: Arizona
Replied: 6/28/2011
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
Wage garnishment stops immediately with the filing of the bankruptcy petition pursuant to the "Automatic Stay."
Answer Applies to: Indiana
Replied: 6/28/2011
Burnham & Associates | Stephanie K. Burnham
It should stop after the company gets notice of the Bankruptcy filing, but you may have to take action to for it to stop.
Answer Applies to: New Hampshire
Replied: 6/28/2011
Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
Usually they stop within a week or two, depending on how your payroll is set up and how long it takes them to process the paperwork. The good news is that you are entitled to get the amounts that are garnished after you file bankruptcy back!
Answer Applies to: Michigan
Replied: 6/28/2011
The Schreiber Law Firm | Jeffrey D. Schreiber
When a bankruptcy is filed, the automatic stay prohibit a creditor from collecting, so a wage garnishment should stop as soon as the case is filed. The creditor should be told of the bankruptcy filing as soon as the case is filed.
Answer Applies to: California
Replied: 6/28/2011
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
Filing a bankruptcy creates an automatic stay stopping wage garnishments. Be sure to provide notice of the bankruptcy to all parties to the garnishment.
Answer Applies to: California
Replied: 6/28/2011
Bird & VanDyke, Inc. | David VanDyke
The filing of the bk will instantly stop wage garnishments. However, it might take a few days for the proper parties involved to receive notice of the filing.
Answer Applies to: California
Replied: 6/28/2011
Rosenberg & Press | Max L. Rosenberg
pursuant to the bankruptcy automatic stay order, garnishments should stop immediately. If you send notice of the filing and case number to the garnisher and creditor, that should be sufficient.
Answer Applies to: Connecticut
Replied: 6/28/2011
Harkess and Salter, LLC | Stephen Harkess
A wage garnishment must stop immediately when the creditor is notified of the filing. In reality, this can take a little time for the creditor to receive notice and file the paperwork to stop the garnishment, but you are entitled to the return of any money garnished after the filing of your bankruptcy case. In most cases, if you provide your payroll department with a copy of the notice of your bankruptcy filing, they will stop the garnishment immediately.
Answer Applies to: Colorado
Replied: 6/28/2011
Ashman Law Office | Glen Edward Ashman
Assuming your lawyer does proper notices, or assists you in that, immediately. Make sure you have a lawyer to get this right.
Answer Applies to: Georgia
Replied: 6/28/2011
Raxter Law | Jeremiah Raxter
Immediately. Said another way, as soon as the employer receives notice of the bankruptcy.
Answer Applies to: California
Replied: 6/28/2011
Ursula G. Barrios Law | Guillermo Machado
Immediately on filing.
Answer Applies to: California
Replied: 6/28/2011
Symmes Law Group, PLLC | Richard James Symmes
A wage garnishment will stop immediately after filing bankruptcy if you have delivered noticed to your employers HR department prior to the deadline for issuing your next paycheck.
Answer Applies to: Washington
Replied: 6/28/2011
