Will bankruptcy stop my wage garnishment? 24 Answers as of June 17, 2011

Will bankruptcy stop my wage garnishment?

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Law Office of Maureen O' Malley
Law Office of Maureen O' Malley | Maureen O'Malley
Yes, but you'll have to at least give information to the garnishor. You may need to file a motion in your county court. The money may be released to you or it might be released to the Trustee. You'll probably have to exempt those funds. Obviously, if you don't have a lawyer you should retain one.
Answer Applies to: Virginia
Replied: 6/17/2011
Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
Yes. If you filed bankruptcy and you provide your employer, your creditor, and the Marshall or Sheriff who filed the Notice of Levy with proof that you filed bankruptcy, the wage garnishment will stop.
Answer Applies to: California
Replied: 6/17/2011
Saedi Law Group
Saedi Law Group | Lorena Saedi
Yes. Once a bankruptcy case is filed the automatic stay will apply. You will also need to make sure that creditor receives the notice ASAP so that they can release the garnishment order with your payroll.
Answer Applies to: Georgia
Replied: 6/17/2011
Law Office of Asaph Abrams
Law Office of Asaph Abrams | Asaph Abrams
Bankruptcy stops wage garnishments. There are exceptions to the operation of the automatic stay, including treatment of domestic-support withholdings. See 11 U.S.C. 362(b)
Answer Applies to: California
Replied: 6/17/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Yes, the Automatic Stay will bar the creditor from proceeding with the garnishment.
Answer Applies to: Washington
Replied: 6/17/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    Yes, it will, provided it's not for something like child support or alimony.
    Answer Applies to: California
    Replied: 6/16/2011
    The Doan Law Firm
    The Doan Law Firm | Shawn Doan
    It depends on what you are being garnished for. It usually will, unless it is for domestic support order.
    Answer Applies to: California
    Replied: 6/16/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    Yes it will stop most wage garnishments permanently and immediately.
    Answer Applies to: California
    Replied: 6/16/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Yes. A bankruptcy filing prohibits any further collection action by any creditors.
    Answer Applies to: California
    Replied: 6/16/2011
    Law Offices of Alexzander C. J. Adams, P.C.
    Law Offices of Alexzander C. J. Adams, P.C. | Alexzander Adams
    Bankruptcy will stop your wage garnishment as soon as your case is filed. Sometimes there are timing issues. For instance, if you get paid 12:00AM on Thursday and your case is filed at 11:59PM on Wednesday, the garnishment will be paid, but you have the right to get the garnishment back. If the creditor does not return the garnishment, you can then file a stay violation action against the creditor.
    Answer Applies to: Oregon
    Replied: 6/16/2011
    Law Office of Chirnese L. Liverpool
    Law Office of Chirnese L. Liverpool | Chirnese Liverpool
    Yes, bankruptcy will stop your wage garnishment.
    Answer Applies to: California
    Replied: 6/16/2011
    Grennier Law
    Grennier Law | Michael Grennier
    Yes, filing bankruptcy imposes the "Automatic Stay" which halts all collection activity including wage garnishments. You will need to notify the creditor, their attorney and your payroll department of the bankruptcy filing once you have done so and have a case number, to put them on notice to stop the garnishment.
    Answer Applies to: California
    Replied: 6/16/2011
    Symmes Law Group, PLLC
    Symmes Law Group, PLLC | Richard James Symmes
    Filing bankruptcy will stop your wage garnishment immediately as long as notice is given to your company's HR department in time to stop the garnishment on your next paycheck. If the garnishment is from a priority debt such as taxes, child support, or debt incurred from criminal activity such as a DUI, then you will still be liable for that debt.
    Answer Applies to: Washington
    Replied: 6/16/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    Notify the judgment creditor after filing bankruptcy to stop the wage garnishment. Also notify the marshal's office, the court and your employer.
    Answer Applies to: California
    Replied: 6/16/2011
    Law Offices of Virginia E. Fortunato
    Law Offices of Virginia E. Fortunato | Virginia E. Fortunato
    When you file bankruptcy an automatic stay goes into effect pursuant to 11 U.S.C s 362. The automatic stay stops garnishments at the filing with the exception of child support.
    Answer Applies to: New Jersey
    Replied: 6/16/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    In almost all cases, yes. And see a lawyer quickly as there may be ways, if you act fast, to recover money already seized.
    Answer Applies to: Georgia
    Replied: 6/16/2011
    Financial Relief Law Center
    Financial Relief Law Center | Mark Alonso
    Yes, bankruptcy, once filed, will stop your wage garnishment.
    Answer Applies to: California
    Replied: 6/16/2011
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