Stop Garnishments

STOP GARNISHMENTS

A Bankrupcy filing will stop garnishment of your wages and garnishment of other assets.

 

WHAT IS A GARNISHMENT?

It is a legal procedure a creditor uses to collect on a judgment debt you owe to the creditor.


WHAT STOPS A GARNISHMENT?

When a bankrupcy is filed, the filing creates an automatic "stay" of any collection action against the debtor, including any collection lawsuit.  This means that any collection action must stop.


HOW DOES A STAY WORK IN PRACTICE?

Your attorney will notify the creditor that a bankruptcy has been filed.  Then the creditor will terminate the collection.

 

WHAT IF MY WAGES ARE GARNISHED AFTER THE BANKRUPTCY IS FILED?

The creditor in this situation is required to return the garnished funds.

 

WHAT IF THE CREDITOR DOES NOT TERMINATE THE GARNISHMENT?

The debtor can sue the creditor in bankruptcy court and obtain an injunction, damages and attorney fees.

 

 

 

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