How long does it take before a creditor can stop garnishing after bankruptcy filing? 23 Answers as of March 29, 2012

I filed for bankruptcy. I'm wondering how long before creditors can stop garnishing wages.

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Philip R. Boardman, Attorney at Law
Philip R. Boardman, Attorney at Law | Phil Boardman
They are to stop immediately upon filing. It usually takes 2-3 days before the release of garnishment is issued.
Answer Applies to: Virginia
Replied: 3/29/2012
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
The creditor should be Stayed automatically after the filing.
Answer Applies to: Washington
Replied: 3/26/2012
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
Garnishment should stop immediately with the filing of the bankruptcy petition. Garnished funds should be returned.
Answer Applies to: Indiana
Replied: 3/26/2012
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
If you have a lawyer, about one second, as he knows what to do. If you filed pro se, it will go on until you figure out what to do.
Answer Applies to: Georgia
Replied: 3/26/2012
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
Garnishment stops after the creditor learns that a bankruptcy has been filed, usually about one week after filing. If necessary, send a letter with the bankruptcy information. Also, ask the trustee's help to recover the amount garnished.
Answer Applies to: California
Replied: 3/26/2012
    The Barger Law Firm
    The Barger Law Firm | Jason W. Barger
    Immediately. However, to ensure the process is stopped as soon as possible, contact the creditor, tell them you filed for bankruptcy and that they need to stop the garnishment. Then contact the human resources department of your employer and tell them the same thing.
    Answer Applies to: Texas
    Replied: 3/26/2012
    Debt Relief Law Center | Roger J. Bus
    Your lawyer should contact your employer immediately with your case number- then the employer can stop the garnishments.
    Answer Applies to: Michigan
    Replied: 3/26/2012
    J.M. Cook, P.A. | J.M. Cook
    Garnishment should stop immediately.
    Answer Applies to: North Carolina
    Replied: 3/26/2012
    Ferguson & Ferguson
    Ferguson & Ferguson | Jackie Ferguson Graham
    A creditor must stop garnishing immediately. However sometimes it takes a week or so to get the garnishment stopped because the release of garnishment has to get through the court and through the employer. You should get all funds taken after you filed back.
    Answer Applies to: Alabama
    Replied: 3/26/2012
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    If they are notified properly by the courts or your attorney, then it should stop almost immediately as it is a automatic stay violation to continue to garnish. The money taken after you have filed can be returned if you send them a demand letter.
    Answer Applies to: New York
    Replied: 3/26/2012
    Dan Wilson Bankruptcy
    Dan Wilson Bankruptcy | Dan Wilson
    Garnishment MUST stop upon filing of BK petition.
    Answer Applies to: Colorado
    Replied: 3/26/2012
    Steven Harrell, Attorney at Law | Waymon Steven Harrell
    A copy of the bankruptcy filing notice should be sent to the creditor, and a motion for stay of proceedings should be filed in the state court to stop the garnishment.
    Answer Applies to: Georgia
    Replied: 3/26/2012
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    They should stop immediately. Period. If they do not, you need to have your attorney take care of this, as that is what he's paid to do.
    Answer Applies to: California
    Replied: 3/24/2012
    T.K. Byrne | Timothy K. Byrne
    Immediately if you notify them. Also notify whoever they are serving the garnishment on (bank or employer).
    Answer Applies to: Mississippi
    Replied: 3/24/2012
    Law Office of J. Scott Logan, LLC
    Law Office of J. Scott Logan, LLC | John Scott Logan
    Moments. If a creditor takes money after the case is filed. It must return the money. If it doesn't, it may be prosecuted for violating the bankruptcy stay.
    Answer Applies to: Maine
    Replied: 3/23/2012
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    They should be notified immediately of the bankruptcy as no further collection efforts can be maintained after filing.
    Answer Applies to: California
    Replied: 3/23/2012
    Law Office of Jeffrey Solomon
    Law Office of Jeffrey Solomon | Jeffrey Solomon
    The creditor must stop immediately. Make sure you immediately notify the creditor and employer of the bankruptcy.
    Answer Applies to: Florida
    Replied: 3/23/2012
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Immediately upon filing the garnishment must stop. Sometimes it takes a little longer if the employer has already had your check prepared but the employer must not send the money to the Sheriff and if the Sheriff gets it then the money will be returned to you whenever the Sheriff gets around to it. You need to inform your employer's payroll department, the Sheriff that issue the garnishment and the creditor about the bankrutpcy. That is typically done by your lawyer.
    Answer Applies to: California
    Replied: 3/23/2012
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Once you get the proof you filed to the Sheriff's office it should stop right away. There can be significant delay if your employer uses and "authorized agent" for service of process.
    Answer Applies to: California
    Replied: 3/23/2012
    The Smalley Law Firm, LLC | Cary Smalley
    Garnishments must be stopped immediately after filing for bankruptcy.
    Answer Applies to: Kansas
    Replied: 3/23/2012
    Law offices of John P. Brooke | John Brooke
    Bankruptcy imposes what is referred to as an automatic stay which prevents most creditors from continuing or starting an action to collect debt. The wage garnishment should stop immediately once the creditor is notified.
    Answer Applies to: New York
    Replied: 3/23/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    If you gave notice to the levying officer, your payroll department, and the creditor, you should not have a garnishment on the next payment.
    Answer Applies to: California
    Replied: 3/23/2012
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