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Can filing bankruptcy stop a wage garnishment?

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Subject: return of wages garnished
Posted on Mon Nov 16, 2009 9:57 pm  

pursuant to Federal Bankruptcy Law....there is a 90 day preference period...90 days back from date you filed that you can recover wages that were garnished.
Steven Taylor

Subject: Wages Garnishment
Posted on Tue Nov 17, 2009 6:22 am  

My employee help me to send a letter to reduce my salary i will working part time they will send the payment dec.1 and my lawyer he open a bankruptcy . In the time i work cash under the table .
My wages garnishment it will be 0 DOLLARS. NO ONE NEED TO TAKE MONEY FROM MY SALARY.


Joined: 27 Jun 2006
carol's page
Posts: 1299
Location: Los Angeles, California

30054 Magic Points

Posted on Tue Nov 17, 2009 6:58 am  

Filing bankruptcy must stop any attempts to collect and it also includes garnishment. However, the debt for which the account is being garnished must be included in the bankruptcy and must be approved by the court that allows it to be discharged.
Keep in touch

Subject: garnishment
Posted on Tue Nov 24, 2009 6:48 pm  

i sent my notice of filing by fax to my employer how long til it is in effect to stop garnishment

Posted on Tue Nov 24, 2009 6:49 pm  

so if i was gettin garnished since nov 6 i can get that money back?

Posted on Mon Dec 14, 2009 5:44 pm  

so az soon az i pay the attorney off they wiil stop my garnishment? it was for a car repo.

Subject: Need to get my money
Posted on Tue Dec 15, 2009 11:01 pm  

I had a garnishment against a deadbeat and it should have kicked in months ago but didn't employer draggin they're feet. Now the person has filed bankruptsy which stopped the garnishment. How can I get my money owed me?


Joined: 13 Aug 2007
sdchargers_63's page
Posts: 1883

1915 Magic Points

Subject: credit
Posted on Wed Dec 16, 2009 9:29 pm  

The above post has been duplicated in 3 other threads. Hope a MOD sees this.

Subject: alimony to be paid by garnished wages
Posted on Fri Jan 22, 2010 1:37 am  

i am asking my lawyer to garnish my ex's wages in order to recieve my alimony. my ex has treaten to claim bankrutcy. can you do this
in order to avoid paying me anything

Posted on Thu Feb 04, 2010 3:42 pm  

Would like to know if my state incomes tax was garnish can o get will i get that back because i filed bankrupty this year?


Joined: 17 Jul 2006
Justin's page
Posts: 1238

28944 Magic Points

Subject: garnishment
Posted on Fri Feb 05, 2010 6:19 am  

Hi Guest,

Nobody can garnish your wages and state income taxes if a bankruptcy is filed. An automatic stay comes in order after the court issues the bankruptcy. However if your state income tax had got garnished before the bankruptcy was actually ordered by the court, you won't be able to get that back.
All the Best Smile

Joined: 26 Feb 2008
fireyone's page
Posts: 4246

123 Magic Points

Posted on Sun Feb 07, 2010 11:50 pm  

So what would actually stop income tax from being garnished if it was already ordered by the court and hte person filed bankruptsy after the fact? If the bankruptcy gets awarded does it stop next years return from being garnished?

Subject: wage garnishment from bankruptcy
Posted on Mon Feb 22, 2010 6:37 pm  

I filed my own bankruptcy and had the meeting of creditors with the bankruptcy conservator. Once you have filed bankruptcy, at least chapter 7, garnishment must stop immediately. Any money that has been garnished 60 days before filing, as well as any money garnished after filing must be returned to you.

Subject: Filing
Posted on Sun Apr 04, 2010 5:40 am  

Justin, the information you supplied to Hannah is not true. check your law. It depends on which one her and the attorney decides. If it is a Chapter13 she will be cleared of all of her debt. All your debt will be cleared and the downside is that your cc score will be down. You will experience problems for the next 10 years. But, hey at least you will be able to breath. You made a mistake, like so many and you asked for help. I am sure you did contact your creditors and you did not get any assistant from them. From there the account is close and they receive the pay off at the end of the year and sale your information to a collector so they can get you at a higher percentage. What you don't know is that your issue is not with the credit card but with the collection agency. They are the one taking you to court. and garnishing your wages. However if you owe Federal Taxes or child support you will have to pay. God Bless
Mikey B.

Subject: Bankrupcy
Posted on Tue Apr 13, 2010 8:16 pm  

I recently was forced to retire. I have a lot of outstanding debt.
Mostly credit cards and a motorhome that I'm giving back.
My question is, If my retirement and social security is the only money I receive, and that can't be touched per federal law. Do I really need to file Bankrupcy ? I have no real property a car worth $2000.00 and a car I'm still paying for. The only thing I'm expecting is a lot of nasty phone call's.
Thanks, Mickey B.

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