Can filing bankruptcy stop a wage garnishment?

Submitted by smoore597 on Fri, 03/16/2007 - 03:51
Forums

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!

mm (not verified)

my wages are bieng garnished but they still charging me interest?/ Can they do that? I will never finish paying it off it started with suing me for 5000. now its at 7000. I spoke to them they said my credit card was opened with the interest untill i pay it off they will stop charging me interest..??? Help

Wed, 06/15/2011 - 02:38 Permalink
Joanne (not verified)

My husband and I filed bankruptcy (Chapter 13) in April 2011. This week, the Virginia Dept. of Taxation started garnishing my husband wages. Is this legal?

Fri, 07/08/2011 - 05:35 Permalink
BEE (not verified)

Last year I made arrangements with my creditor to make payments . Then my job status changed.
I am now making $20,000 less than before. I am not able to even pay for glaucoma medication. Unable to make make payments they have garnished my check. Now i can,t even pay rent , or any other bills. Do I have any recourse ?

Tue, 07/12/2011 - 12:43 Permalink
Jess (not verified)

Join the club...I filed 3 months ago and they have garnished me 7 times since...a total of 1575.38 and my lawyer has sent them letters, their lawyer letters, ADP letters, and the court letters...maybe it will stop soon???

Sun, 07/17/2011 - 13:50 Permalink
Jess (not verified)

Owed taxes and student loans and other priority loans are able to still be garnished...sorry :(

Sun, 07/17/2011 - 13:51 Permalink
jon (not verified)

will a chp 7 bankruptcy stop a wage garnishment being issued by the united states treasury

Mon, 07/18/2011 - 03:25 Permalink
Ana (not verified)

So, I'm in the middle of filing bankruptcy & I was just served papers from a creditor to allow garnishment of my wages. The thing is, it said on the papers that I had 14 days from the date of the notorization to respond. I don't know how that worked out, but I got served 10 days past my deadline (when I was supposed to have responded by). So, now, since it's too late for me to respond, how long do I have until my wages are garnished? Or can they even garnish my wages while I'm in the middle of my bankruptcy?

Thu, 08/25/2011 - 01:44 Permalink
Michelle Bye (not verified)

the judge signs papers. they r takin money out of my check for something over 10 years ago and i never got a notice to go to court and fight this i know this place fixed back up the van and resold yet they r trying to make pay almost 10,000.oo Dollars!!!!!!! so not far take off what they resold the van for first off and give me a chance to defind my self they did neither... will filling bankruptcy stop this craziness please help me

Wed, 08/31/2011 - 22:25 Permalink
taniesha (not verified)

i recieve a letter from my job about my garnishment how long will it be before it start and im also filing bankrupstcy what should i do

Mon, 09/12/2011 - 23:45 Permalink
Denise26 (not verified)

Like a previous person stated I also got a letter in the mail stating I had 2 weeks from the day they sent the notice to object and have a hearing but it was 9 days late which left me no time to mail back. The next pay they took out 347 out of my check. I filed bankruptcy a week later (last week) and today they took another 347 out. My lawyer stated both will be mailed to be but it could take weeks!!! I dont understand why they continued to garnish my check if I filed bankruptcy

Thu, 09/29/2011 - 15:06 Permalink
ricky (not verified)

I filded bankruptcy 3weeks ago. I paid all lawers fees and filing fees. Still my paychecks are still being garnished. I've talked to my lawer and my h.r department who both informed me that garnishment will stop immediately. I owe nobody else, all my depts was added to my Bankruptcy case. Three week later they are still taking my money.. is there anything I can do to stop this once and for all?? Thanks
!!

Sun, 11/13/2011 - 16:40 Permalink
cherry (not verified)

how long do it take to get my money back and do i get some are all my money back they garnish nov 2 and still taken money out and file bankruptcy 0n nov 21

Tue, 12/06/2011 - 04:30 Permalink
liz (not verified)

if i file bankruptcy they can stop my judement . will they be able to go after me again. even if they were garnish my wages because i owe money for not paying rent

Fri, 12/09/2011 - 07:56 Permalink
Carrie (not verified)

I received a letter to go to court on a garnishment. So i went and told the creditor I was filing in 3 weeks, and they said ok thats fine and that there company would not garnish. Well today they started garnishing me. SO my ? is ..is that would it be smarter to file bankruptcy before I do my income taxes for 2012?..Im scared If i dont file bankrupt before I file my taxes they will garnish my income tax check ? So should I file bankrupt 1st or file my taxes first? Worried they will garnish all my tax check :S worried sick- Carrie, Indiana Please someone give me an answer

Wed, 12/21/2011 - 07:51 Permalink
ROBERT MAZZIO (not verified)

I have a judgment against me for $8000. I am preparing to file for bankruptcy. I receive $7000 per month in alimony. Can this be garnished by the creditor?

Fri, 01/06/2012 - 02:17 Permalink
barbara525 (not verified)

can they make you sell your home if you file bankruptcy and your wages are already being garnished

Thu, 01/19/2012 - 20:14 Permalink
Loren (not verified)

I currently have a garnishment that is taking 25% of my check every two weeks. This leaves me very little to live on after paying bills, insurance and rent. Can Chapter 7 stop this garnishment?? It's a last resort but I'm afraid I'll never be able to catch up.

Fri, 02/03/2012 - 20:06 Permalink
GALE PATRICE (not verified)

i file bankruptcy 2 weeks ago and my employer still garnishing my checks .do i have to go to court first for them to stop,i gave my boss my case number.

Fri, 02/17/2012 - 04:54 Permalink
ram2012 (not verified)

Hi, I filed bankruptcy two months ago in Feb. I went to court back in 2009 and the creditor won the case to have my wages garnished. I just recieved papers yesterday from both of my employers stating they have orders to start garnishment. Are they allowed to still garnish my wages even though I filed, has went to bankruptcy court and is almost cleared? I've tried contacting my laywer, but there closed for the weekend. And, I just looked at my paycheck stub for this week and they started the garnishment this past paycheck.

Sat, 04/14/2012 - 16:32 Permalink
spookyno1 (not verified)

i got a letter to respond in 15 days how long will it take for them to garnish me the letter was mailed march 27 and i get paid on april 26 will the garnishment be on this check.

Mon, 04/23/2012 - 01:40 Permalink
matji (not verified)

I live in CA.I got a loan for $10,000 from cashcall on feb,2012 after my chapter 7 bankruptcy was discharged on 11/11. I'm going through some extreme hard time, and not able to pay the monthly installments back soon. I will be paying them back in a couple of months. Can cashcall take me to court, or jail? Can they garnish my wages even if I'm discharged from chapter 7 bankruptcy. This loan was aquired after my bankruptcy was discharged.

Mon, 04/23/2012 - 23:13 Permalink
Dana (not verified)

I have doctor bills and they have been sent to collections and I am now being garnished. When preparing petition do I list the hospital that sent bills to collections or list the third party collector or both?

Thu, 04/26/2012 - 00:31 Permalink
janice duncan (not verified)

I filed chap.13. My attorney filed may 11, but they are still garnishing my wages. When will it stop? WillI get my money back?

Sun, 05/27/2012 - 15:54 Permalink
ez (not verified)

i have a wage garnishment against a ind. that trash my rental home in excess of 20,000. he is now filing bankruptcy. is there anything i can do to be able to collect some of this money. in the forms he filed with the court it shows that he has no debt other than normal living expenses. rent, car ins. truck pymt.

Fri, 08/03/2012 - 16:10 Permalink
marsha h (not verified)

my husbands wages are being garnished due to a car repo if we file bankruptcy will that stop the garnishment they are taking 25% of his pay and we can't afford that we paid on the car for over 2 yrs and they are charging us almost what we originally pd for the car

Mon, 08/13/2012 - 05:13 Permalink
Ronda (not verified)

Ill be filling chapter 13, attorney said...
Once we file garnishes will STOP and most likely ill get my $ back :)
Hope that answers any questions.

Thu, 08/30/2012 - 22:42 Permalink
cjo (not verified)

i have a student loan garnishment coming out of my pay. I have recently filed chapter 7 bk..will the garnishment stop until the bk has gone through? i know student loans can't be discharged, i just want to know if the garnishment will cease during the process

Tue, 09/04/2012 - 16:30 Permalink
kl2012 (not verified)

How do you go about filing bankruptcy for a garnishment to stop on your paycheck? Both mine and my husbands checks are getting garnished for the same thing. I called and the law office told me that the total amount will vary day to day cause of interest charges being added everyday.

Fri, 09/28/2012 - 15:31 Permalink
melissa2012 (not verified)

My car was taken for a writ of execution. I filed bankrupcy the next week. When will i get my car back?

Tue, 10/16/2012 - 21:43 Permalink
melissa2012 (not verified)

My car was taken for a writ of execution. I filed bankrupcy the next week. When will i get my car back?

Tue, 10/16/2012 - 21:45 Permalink
DEE (not verified)

I RECENTLY FILED CHAPTER 7 WITH A LAWYER, AND THEY ALREADY SENT THE PETITION TO MY JOB AND TO THE GARNISHEE. THE SAME COMPANY GARNISH MY CHECK ABOUT 3 MONTHS AGO THEN STARTED ANOTHER GARNISHMENT, WILL I BE ABLE TO GET ANY OF THAT MONEY BACK FROM THE FIRST GARNISHMENT ALTHOUGH I HAD NOT FILED CHAPTER 7 AT THE TIME, BECAUSE I THOUGHT THAT LETTING THEM GET THE FIRST GARNISHMENT, I WOULD BE THROUGH WITH THEM, BUT IT STARTED BACK UP

Wed, 10/24/2012 - 19:52 Permalink
RUBY 77 (not verified)

FILED CHAPTER 13 BK. WILL THE TRUSTEE GARNISH WAGES OR MAKE AUTO WITHDRAWS FROM CHECKING ACOUNT?

Mon, 10/29/2012 - 18:36 Permalink
Mary_Starner@s… (not verified)

My son was driving without insurance and hit someone on a motorcycle putting him in the hospital after all was said and done the insurance co paid out then sued him for $100,000 and won judgement they began garnishment on his wages about Jan and have collected from his check since can he file Bankruptcy on this debt?

Sun, 12/02/2012 - 19:31 Permalink
Nikki Rose (not verified)

Ok I received a garnishment today from a debt that was from 2003 these ppl have now garnished me of $300.00 which was by surprise!, Im in the process of filing bankruptcy immedietley, will this stop them ffrom taking money out of my check? and how does it take before my next pay period?

Thu, 01/31/2013 - 02:22 Permalink
Jstorer (not verified)

I filed bankruptcy in fort wayne, indiana and put down a person on my bankruptcy. After it was discharged, even though he got notice each time, he never disputed our bankruptcy. I work under him and he started threatening me after the discharge. Then he wanted me and my wife to sign a statement saying we would voluntarily pay money to him. My wife and I did not do this, but he is still having the receptionist that does payroll take this money from my check and give it to him. He has taken almost $3000. I am the only one working, my wife is ill with lupus and we have 4 children. What do I do?

Thu, 01/31/2013 - 17:40 Permalink
Yvonne M (not verified)

MY WAGES WAS RECENTLY GARNISH (1/31/2013). I HAD A BUSNESS WHRE I RENTED A SPACE BUT BECAUSE OF LACK OF CLIENTELS i HAD TO CLOSED THE BUSINESS OWING 5 MONTHS BACK RENT. MY WAGES WAS GARNISH BUT I NEVER RECEIVED A NOTICE OF HEARING OR COURT DATE. NOW, CAN I STILL FILE BANKRUPTCY TO STOP THE GARNISHMENT.

Mon, 02/18/2013 - 17:57 Permalink
darlene hayes (not verified)

i garnisheed someones check they filed bankruptcy last month how long before i cannot get any money the date they file or the date the bankruptcy is actually over

Tue, 02/26/2013 - 19:39 Permalink
Fabrianne (not verified)

We are filing bankruptcy after a hearing for a garnishment is scheduled. How do i get the garnishment to stop once i have filed. we are doing it ourselfs and its alot of paper work and i am not going to rush in order to file before the garnishment order is put in from the courts.

Thu, 02/28/2013 - 04:56 Permalink
Pat (not verified)

I have filed bankrupcy over a week ago and haven't heard if it's been filed or not, but they are still taking a garnishment out of me, how long does it take to file & for it to stop? Also, of the money I have already paid in will I get any of that money back or just what I have paid after filing bankrupcy?

Wed, 04/24/2013 - 14:17 Permalink
Dianna9090 (not verified)

How long does it initially take for the garnishments to stop? Once i pay the filing fee with my attorney? Or once the entire bankruptcy process has finished?

Sat, 04/27/2013 - 01:14 Permalink
mindy (not verified)

If I have previously filed a chapter 7 a few years ago and now am giving my house back thru as foreclosure, can my wages be garnished by the mortgage company?

Wed, 05/15/2013 - 01:35 Permalink
Manji (not verified)

I moved from an apartment like 6/7 years ago and they just now want me to come to court to anwesr as to my wages and ect. Are they trying to garnish my wages?

Sat, 08/31/2013 - 17:43 Permalink
Anonymous (not verified)

Ijust received paper work for garnish how long do I have before it starts or do I have until court

Sat, 05/31/2014 - 17:17 Permalink
crorkz matz (not verified)

zahW1J Thanks for the article.Really looking forward to read more. Fantastic.

Tue, 08/05/2014 - 13:35 Permalink
crorkz (not verified)

VN0caA I really liked your blog post.Really looking forward to read more. Want more.

Tue, 08/05/2014 - 13:48 Permalink