Once I file my chapter 7 bankruptcy paperwork, will the automatic stay immediately halt my wages from being garnished? 22 Answers as of May 27, 2014

I have recently started to be garnished 20 percent of my paycheck to a credit card that just got a judgment against me. Is there something I can show my employer right after I file that will halt the garnishment of my next paycheck?

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

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Susan G. Taylor
Law Office of Susan G. Taylor | Susan G. Taylor
Provide your notice of bankruptcy, the document with the emblem. And immediately notify the judgment creditor's lawyer. If you're in Texas, there are few things worthy of garnishment. Odd that you were ever garnished
Answer Applies to: Texas
Replied: 5/27/2014
David R. Fondren, Attorney at Law
David R. Fondren, Attorney at Law | David R. Fondren
You should be pro-active and send notices to the circuit court, sheriff, attorney for the creditor, and your employer.
Answer Applies to: Missouri
Replied: 5/22/2014
Brown and Seelye | Ellen Ann Brown
Ask your attorney to fax a notice to your employer after you file. Most attorneys have a form they can fax over to stop the garnishment once you are filed.
Answer Applies to: Washington
Replied: 5/8/2014
Baner & Associates | Sandra M Baner
In Wisconsin, you should provide the Debtor Answer form to your employer indicating that you are exempt from the garnishment due to a bankruptcy filing. The form is part of the garnishment paperwork that you should have received from the creditor or creditor's attorney.
Answer Applies to: Wisconsin
Replied: 5/8/2014
The Law Office of M Grater LLC
The Law Office of M Grater LLC | Mark O. Grater
The bankruptcy clerk should be sending a letter to your employer ordering them to no longer pay on the wage garnishment.
Answer Applies to: Connecticut
Replied: 5/8/2014
    Stephens Gourley & Bywater | David A. Stephens
    Yes, but you will need to notify the garnishing court of the bankruptcy.
    Answer Applies to: Nevada
    Replied: 5/7/2014
    EDWARD P RUSSELL | EDWARD P RUSSELL
    Yes, once you file the automatic stay will stop any future garnishments. You must notify the attorney for the creditor and they must send a release to you employer. Any garnishments taken within 90 days of filing greater than a total of $600 must be returned to you.
    Answer Applies to: Minnesota
    Replied: 5/7/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Bankruptcy will stop the garnishment 100%, but you have to give the sheriff notice you filed. The sheriff will then contact your employer.
    Answer Applies to: California
    Replied: 5/7/2014
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    Your employer is withholding wages for this creditor because they were served with a court order by the Sheriff's Dept. Generally what needs to occur is your employer will need to receive a stop order from the sheriff or they will continue to withhold your wages. Once you file send the first page of the filed petition to the Sheriff's Civil Division. (you will need to look at your garnishment information that you should have received from your employer to determine which Sheriff's Office to notify) Once the applicable Sheriff's Office receives this they will send the stop order to your employer. The big problem with this is that the Sheriff doesn't really care how long it takes for the stop order to get to your employer so you have to see if the Sheriff will fax it. Depending on the size and case load of the applicable Sheriff's Office they may or may not help you expedite the stop order.
    Answer Applies to: California
    Replied: 5/7/2014
    GARCIA & GONZALES, P.C.
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    Show your employer the notice of creditors' meeting. It will have your case number and the date of filing. Your employer can make a copy of same, and answer the garnishment form.
    Answer Applies to: Colorado
    Replied: 5/7/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Although it is called an "automatic stay," the reality is that nothing happens automatically. Showing your employer your bankruptcy papers may not be sufficient to stop the garnishment. After all, the employer must pay the garnishment if they incorrectly discontinue your garnishment. When I represent a debtor, I notify all parties, including the local court that issued the garnishment writ and I generally know the creditor's attorney sufficiently well to persuade him to obtain an order stopping the garnishment.
    Answer Applies to: Nevada
    Replied: 5/7/2014
    Law Office of Marlin Branstetter
    Law Office of Marlin Branstetter | Marlin Branstetter
    The filing requires creditors to immediately discontinue collection efforts. Employers will sometimes not stop withholding until they receive notice from the creditor. Be sure the creditor receives notice as soon as possible.
    Answer Applies to: California
    Replied: 5/7/2014
    Idaho Bankruptcy Law | Paul Ross
    For the most part, yes. If you file your bankruptcy today and your payroll department ran payroll yesterday, but the checks go out tomorrow, that money will still be garnished. You should get it back, but it will still be withheld usually. Monies taken after the filing of bankruptcy are pulled in violation of the automatic stay and have to be returned (at least in the 9th Circuit). But all future pay checks should not have those garnishments (unless they are for child support or some other type of protected garnishment).
    Answer Applies to: Idaho
    Replied: 5/7/2014
    John Ceci PLLC
    John Ceci PLLC | John Ceci
    Your bankruptcy attorney should notify your employer about the filing. If you did the filing yourself you should give them a copy of the document titled "Voluntary Petition."
    Answer Applies to: Michigan
    Replied: 5/7/2014
    Philip R. Boardman, Attorney at Law
    Philip R. Boardman, Attorney at Law | Phil Boardman
    Yes, bankruptcy will stop the garnishment.
    Answer Applies to: Virginia
    Replied: 5/7/2014
    Garner Law Office
    Garner Law Office | Daniel Garner
    Yes, provide your payroll person the official notice of bankruptcy filing available on PACER or from the court clerk.
    Answer Applies to: Oregon
    Replied: 5/7/2014
    Law Offices of Linda Rose Fessler | Linda Fessler
    The Notice of Bankruptcy filing.
    Answer Applies to: California
    Replied: 5/7/2014
Click to View More Answers:
12 3 4 Free Legal QuestionsConnect with a local attorney