Question
Can I file for bankruptcy if my wages are being garnished?
I have wage garnishments and I want it to stop. If I file for bankruptcy, will this take care of this issue?LawQA.com Answer Library
Answered By: Breckenridge and Walton
Yes. In fact, if more than $600 has been garnished in the 90 days before filing, you can get it back!
Answer Applies to: Michigan
Replied: 8/28/2011
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Answer Applies to: Michigan
Replied: 8/28/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Law Office of Marvin Wolf
A bankruptcy filing automatically legally prohibits all judicial attempts to collect on a civil judgment through garnishment. In a big company with a slow HR Department, it may take a week or two for the garnishment to physically halt but all monies taken after the date of filing must be returned. Stopping garnishments is a main reason why people file bankruptcy.
Answer Applies to: New Jersey
Replied: 8/23/2011
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Answer Applies to: New Jersey
Replied: 8/23/2011
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Answered By: Mercado & Hartung, PLLC
Yes, filing Bankruptcy will stay the wage garnishment.
Answer Applies to: Washington
Replied: 8/22/2011
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Answer Applies to: Washington
Replied: 8/22/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Heupel Law
Yes, and once you file bankruptcy the garnishment will stop. Thus, it is better to file as soon as you can.
Answer Applies to: Colorado
Replied: 8/21/2011
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Answer Applies to: Colorado
Replied: 8/21/2011
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Answered By: Indianapolis Bankruptcy Law Office of Eric C. Lewis
Yes, bankruptcy stops most garnishments (not child support or student loans).
Answer Applies to: Indiana
Replied: 8/19/2011
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Answer Applies to: Indiana
Replied: 8/19/2011
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Answered By: The Law offices of Cheryl L. Sommers
Yes, you can still file for bankruptcy. If the debt that caused the wage garnishment is dischargeable, you will be able to stop the wage garnishment. Sincerely Yours, Cheryl L. Sommers, Esq. Attorney at Law
Answer Applies to: California
Replied: 8/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Bankruptcy Law office of Bill Rubendall
When a bankruptcy is filed it creates an automatic stay against collection activities. Wage garnishment will stop upon notice from the bankruptcy court of filing the case.
Answer Applies to: California
Replied: 8/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Ross Smith, Attorney at Law
A Chapter 7 or Chapter 13 Bankruptcy will stop the garnishments on a dime. You may even get some money back if you move fast.
Answer Applies to: Ohio
Replied: 8/19/2011
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Answer Applies to: Ohio
Replied: 8/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Tucker Legal Clinic
Yes, file asap other than quiting the job the only way to stop a garnishment is a bankruptcy.
Answer Applies to: Mississippi
Replied: 8/19/2011
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Answer Applies to: Mississippi
Replied: 8/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Law Offices of Kristy Qiu
Yes, if you file for bankruptcy all judicial proceedings have to stop against you, that includes garnishments. After filing for bankruptcy, you have to submit the suggestion of bankruptcy to the appropriate state court where the garnishment and etc. judicial proceedings are pending and you have to notify parties involved, i.e. the creditors and their attorneys. Whatever they have already garnished, if it's been over $600 in the past 90 days, they will have to disgorge that amount to the trustee. The trustee won't give that money back to you, instead he/she will distribute that amount pro-rata to all your unsecured creditors. If you're on a personal vendetta against the creditor who started garnishing you, this is a pretty good way to get back at them.
Answer Applies to: Florida
Replied: 8/19/2011
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Answer Applies to: Florida
Replied: 8/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Bankruptcy Law Center
Bankruptcy will stop most civil garnishments. The major exception is that bankruptcy does not stop the collection of a domestic support obligation from property that is not property of the bankruptcy estate.
Answer Applies to: Colorado
Replied: 8/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Colorado
Replied: 8/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Diefer Law Group, P.C.
Yes. Even if your wages are being garnished you can file for bankruptcy. In fact, that is one of the reason why many people file.
Answer Applies to: California
Replied: 8/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of L. Paul Zahn
If you qualify for bankruptcy, than yes you can file. If by "take care of it" you mean stop the guarnishment, then yes it will do that as well.
Answer Applies to: California
Replied: 8/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Financial Relief Law Center
Yes, filing for bankruptcy will stop the wage garnishment immediately. Once you file for bankruptcy an automatic stay comes into place which stops all collections activity and includes wages garnishments as well as foreclosure, harassing phone calls, etc. You may not be able to get back any money you've already lost into the wage garnishment, but it will stop the future garnishment. Having a wage garnishment is one of the most important reasons a debtor may file for bankruptcy.
Answer Applies to: California
Replied: 8/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Offices of Joseph A. Mannis
Yes! And aside from paying the debt, it's the ONLY way its going to stop. Call a bankruptcy attorney and let he or she help you.
Answer Applies to: California
Replied: 8/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Lehn Law, PA
Absolutely. The filing of your bankruptcy proceeding with halt the garnishment process.
Answer Applies to: Florida
Replied: 8/19/2011
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Answer Applies to: Florida
Replied: 8/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Dan Wilson Bankruptcy
Yes, a bankruptcy will stop garnishment.
Answer Applies to: Colorado
Replied: 8/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Colorado
Replied: 8/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Andrew Harris
Filing bankruptcy will stop the creditor from garnishing your wages after the date of the bankruptcy is filed.
Answer Applies to: Oregon
Replied: 8/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Oregon
Replied: 8/19/2011
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Answered By: Ursula G. Barrios Law
Yes and you should.
Answer Applies to: California
Replied: 8/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Melinda Murphy Dionne, PC
Yes, filing a bankruptcy case will stop the wage garnishment. You need to speak with a bankruptcy attorney who can advise you on which Chapter is best for your situation. If you are being garnished for child support or some other non-dischargeable debt, you may need to file a Chapter 13 case and handle the repayment through the Chapter 13 case. If the garnishment relates to a dischargeable debt you may be able to simply file a Chapter 7 case.
Answer Applies to: Alabama
Replied: 8/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Alabama
Replied: 8/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Ashman Law Office
Unless a past filing makes you ineligible for an automatic stay, a filing will halt a garnishment. Make sure you have a lawyer, because he will possibly be able to find ways to recover some funds already taken. You will not likely accomplish that pro se.
Answer Applies to: Georgia
Replied: 8/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Georgia
Replied: 8/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Goldsmith & Guymon
Yes, when you file bankruptcy the wage garnishment is stopped.
Answer Applies to: Nevada
Replied: 8/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Nevada
Replied: 8/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Xochitl Anita Quezada
Bankruptcy will stop the wage garnishment. However, you need to talk to a lawyer to make sure you qualify for bankruptcy. A lot of people believe that just because they have debt they can file for bankruptcy. This is not the case. Qualification is based on income and assets NOT debt.
Answer Applies to: California
Replied: 8/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Northwest Debt Relief Law Firm
The filing of your bankruptcy will stop the garnishment.
Answer Applies to: Oregon
Replied: 8/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Oregon
Replied: 8/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Symmes Law Group, PLLC
Yes, filing for bankruptcy will stop your wage garnishment as long as the debt is unsecured and not a priority debt or other kind of debt that may not be discharged.
Answer Applies to: Washington
Replied: 8/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Washington
Replied: 8/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Benson Law Firm
Any collections actions, including garnishments, will be halted by a bankruptcy filing.
Answer Applies to: Ohio
Replied: 8/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Ohio
Replied: 8/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Harkess and Salter, LLC
A bankruptcy filing is the most effective way to end garnishments.
Answer Applies to: Colorado
Replied: 8/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Colorado
Replied: 8/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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