When will my wages start being garnished? 15 Answers as of June 08, 2011

I just received notice that my checks will be garnished. How long before this actually happens? I plan on filing bankruptcy, what can I do?

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Daniel Hoarfrost, Attorney at Law
Daniel Hoarfrost, Attorney at Law | Daniel Hoarfrost
In order to garnish your wages, a creditor has to sue you and win a judgment in their favor. Once judgment is entered, a garnishment can be issued at any time. Once your bankruptcy is filed, any garnishments are blocked from further activity.
Answer Applies to: Oregon
Replied: 6/8/2011
Law Office of Maureen O' Malley
Law Office of Maureen O' Malley | Maureen O'Malley
The garnishment usually starts with the next pay period after the notice. If you file bankruptcy before the return date- which is the date your employer must turn over the money to the court so it may give it to the garnishing creditor- you can usually get it back. At least that's how we do it in VA. Again, I emphasize, especially in these circumstances, you should have an attorney file for you so the return of your funds and all other aspects of your case are handled correctly.
Answer Applies to: Virginia
Replied: 6/8/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
It depends on your state. In WA, garnishment starts upon service on the Place of Employment and lasts for 60 days. If you plan on filing BK, you should notify the plaintiff and start finding a BK attorney.
Answer Applies to: Washington
Replied: 6/8/2011
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
Wage garnishment will likely happen with the next paycheck if the order has been rendered by the court. If you file for bankruptcy, the garnishment must stop the day the bankruptcy case is filed and the only way it can be reinstated is if the underlying debt is not dischargable in bankruptcy.
Answer Applies to: Indiana
Replied: 6/8/2011
Bankruptcy Law Office of Robert Weed
Bankruptcy Law Office of Robert Weed | Robert Weed
If you are in Virginia, as soon as the notice gets to your payroll department; maybe your next check. If you plan on filing bankruptcy, you need to get in gear.
Answer Applies to: Virginia
Replied: 6/8/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    When is your next paycheck? I'm guessing they've already notified your employer, so not trying to panic you, but I'm guessing real soon. You should be filing now.
    Answer Applies to: California
    Replied: 6/8/2011
    Marilyn J. Hochman
    Marilyn J. Hochman | Hochman and Peppler, LLC
    If you are in Florida and your are the head of household you can file an affidavit of head of household after you are served with the papers. If there is a final judgment against you, then there are specific steps needed to garnish your wages. If there is no court order or no lawsuit, you should not be able to be garnished.
    Answer Applies to: Florida
    Replied: 6/8/2011
    Symmes Law Group, PLLC
    Symmes Law Group, PLLC | Richard James Symmes
    Once a judgment is entered by a court on a debt collection matter, the creditor may contact your employer with a writ of garnishment and beginning garnishing your wages. This will probably happen within 30 days of the judgment date. You should try to file bankruptcy prior to the garnishment as this will stop any wages from being taken.
    Answer Applies to: Washington
    Replied: 6/7/2011
    Ariano & Reppucci
    Ariano & Reppucci | Chris Ariano
    Usually it's about two weeks after you receive the notice of garnishment. Once you file the garnishment. If you wish to discuss further, please let me know.
    Answer Applies to: Arizona
    Replied: 6/8/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    In California you have 10 days to get that bankruptcy filed. You lose some of those days if the employer delays in getting the notice to you. Take the required Credit Counseling Class now so you will be ready to file a bankruptcy. You can find a provider on the net.... don't pay more than $25.00 for it.
    Answer Applies to: California
    Replied: 6/7/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    File BK asap. Next payroll can start taking effect.
    Answer Applies to: California
    Replied: 6/7/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    You should be given approx. 10 days before your paycheck is garnished after you receive the notice. I have been successful in stopping these garnishments but you need to act fast. The worst thing you could do is nothing. The creditor will take 25 percent of your net income from each check until the debt is paid in full. Bk will wipe all this out.
    Answer Applies to: California
    Replied: 6/7/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    Filing bankruptcy will stop a wage garnishment proceeding. If you wages are garnished and you then file a bankruptcy you may be able to get the garnished wages returned. Consult an attorney specializing in bankruptcy about the timing of filing bankruptcy.
    Answer Applies to: California
    Replied: 6/7/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    You have a legal emergency. You should have seen a lawyer BEFORE the garnishment, during the original suit. See one today (not tomorrow or next week). The garnishment starts immediately. In SOME cases a prompt filing might get some money back. (Do NOT file pro se; your inexperience will likely cost you that money).
    Answer Applies to: Georgia
    Replied: 6/7/2011
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