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Can filing bankruptcy stop a wage garnishment?

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smoore597



Joined: 16 Mar 2007
smoore597's page
Posts: 1



231 Magic Points

Subject: Can filing bankruptcy stop a wage garnishment?
 
Posted on Fri Mar 16, 2007 3:51 am  

I got a call from cash call who has threatened Wage garnishment and when I told them I was filing they said that unless I it is completed before I'm served, the bk will not stop the garnishment. Is this true? She suggested I make a $200 payment to avoid being served and that would buy me 30 days. Are they just trying to take my money? I dont really have the money to pay them AND pay the filing fee of $300!
elina
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Posted on Sun Mar 18, 2007 2:50 am  

Garnishment continues until bankruptcy is files. After it is filed the attorney gets the authority to remove wage garnishment. After bankruptcy is filed, the bankruptcy court will issue an order to prohibit garnishing of any of your assets including wages and income tax refunds.
Mary

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Joined: 06 Jul 2006
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17418 Magic Points

 
Posted on Fri Oct 17, 2008 10:02 am  

Yes, if you file a bankruptcy the creditors or the CAs cannot legally garnish your wage. But bankruptcy should always be used only as a last resort because bankruptcy will stay in your credit report for 10 years and may reduce your credit score. you should always file bankruptcy before the summon to garnish your wage receives your employer. However, if the wage garnishment is due to Federal tax debt or for alimony and child support obligation, the wage can be garnished even if you file bankruptcy.
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Where there's a will, there's a way !!
KIM S.
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Subject: FILED BANKRUPTCY BUT STILL BEING GARNISHED
 
Posted on Tue Nov 25, 2008 1:04 pm  

WE FILED CHAPTER 13 BANKRUPTCY, BUT OUR WAGES ARE STILL BEING GARNISHED. WE DO NOT OWE ANY TAX OR CHILD SUPPORT PAYMENTS. WHEN CAN I EXPECT THIS TO STOP? Confused
Mary

Mary

Joined: 06 Jul 2006
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17418 Magic Points

 
Posted on Wed Nov 26, 2008 1:19 pm  

As far as I know, the creditor has to stop collecting any debts either by means of foreclosure or through garnishment. This is as per Federal bankruptcy laws. All you can do is to send a copy of the document that you have filed bankruptcy to your employer. This will stop garnishment of your wages.
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Where there's a will, there's a way !!
Kerri
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Subject: Getting wages back
 
Posted on Thu Jun 11, 2009 11:56 am  

I filed for bankruptcy a couple of weeks ago and my attorney faxed a copy of the filing to my employer...two paychecks later, my employer is STILL taking money out for a judgment for medical bills! I know that they aren't supposed to...but how do I get that money back?
rachael



Joined: 11 May 2009
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Posts: 233



6576 Magic Points

 
Posted on Fri Jun 12, 2009 5:29 am  

Hi Kerri,

Are your wages being garnished for paying debts that include student loans, child alimony or federal taxes? These are "priority debts" that are not discharged by filing for bankruptcy.
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Looking forward to a debt-free life.
rachelraew
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Subject: garnishment
 
Posted on Fri Aug 21, 2009 7:53 pm  

My work recieved papers for a garnishment that has a court date for nov. 6 how long will it take for them to start garnishing money from my check? I am looking into filing bankruptcy but don't have the extra money right now.
earlsbaby
Guest






Subject: retirvial of wages after bankruptcy papers have been filed
 
Posted on Tue Oct 06, 2009 1:31 pm  

I am handling my bankruptcy myself. I need to know what papers should be filed in order to get my money back that was garnished.
Tomica
Guest






Subject: Going through the same thing
 
Posted on Thu Oct 15, 2009 3:16 am  

My employer had the automatic stay but they still took the money out, Now they are saying they are waiting on the return check from the company that garished my wages.!
Justin

Justin

Joined: 17 Jul 2006
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28944 Magic Points

 
Posted on Thu Oct 15, 2009 12:46 pm  

Hi Rachael,

After getting the judgment, the CA or the creditor must file a Writ of Execution and only after that can they garnish your wages. If that is passed, then garnishment starts immediately.
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All the Best Smile
Justin
Hannah
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Subject: Student loans
 
Posted on Thu Oct 15, 2009 9:39 pm  

Will filing bankruptcy eliminate outstanding student loans?
Justin

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Joined: 17 Jul 2006
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28944 Magic Points

 
Posted on Fri Oct 16, 2009 11:15 am  

Hi Hannah,

No, filing bankruptcy does not give you the advantage of eliminating the loans. Rather, filing bankruptcy will make a way for the creditor to get the outstanding balance. If you are filing a chapter 7 bankruptcy, then your assets may be sold off to pay the debt. In case of chapter 13 bankruptcy, you will get a chance to repay the debt through a repayment plan with the consent of the creditor and under the supervision of the court.
_________________
All the Best Smile
Justin
tomas sanchez
Guest






Subject: how to get money back from wage garnish after you file bankr
 
Posted on Fri Nov 13, 2009 7:54 pm  

i just file bankrutcy two day ago and they stop my wage garnishmet i will like to know if i will get that money back.
debranewell2008



Joined: 10 Oct 2009
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Posts: 591



108 Magic Points

 
Posted on Fri Nov 13, 2009 9:50 pm  

I believe they can still garnish your wages until you file bankruptcy. So I don't believe you can get your money back. Now if they continue to garnish your wages after you have filed then you can get your money back. Because it is illegal for them to try and collect from you after you have filed.

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