How to Stop Wage Garnishments with Bankruptcy

: Chris Lee Law Firm

  Filed under: Bankruptcy

wage garnishment

To stop wage garnishments, the immediate need is to comprehend its meaning. It occurs when the court passes an order, and your employer has to follow the same. Under that order, your employer needs to withhold some share of your salary and send the same to your creditor. The creditor might be a person, company, or another entity to which you owe money.

Exceptions:

A creditor can garnish your wages only when he gets a judgment against you and gets a wage garnishments order. The cases in which the creditor does not require to sue you first and get a court order are child support, taxes, and student loans.

Wage Garnishments under Bankruptcy:

The only method to stop wage garnishments is to file Chapter 7 bankruptcy. When you file bankruptcy under this chapter, the law will guide your creditors not to take any action against you until the case is running. Almost every collection process of wage garnishment stops after filing bankruptcy, but it cannot stop collecting child support debts and other non-dischargeable debts.

How will the Creditor Know to Stop the Garnishment?

Whenever you file for an automatic stay under bankruptcy, you are required to produce the list of your creditors with their address and give the same to the court. With this, every creditor gets a notification about your bankruptcy filing, and he will have to drop the idea of wage garnishment immediately.

In case you do not want any delay in the process and want to stop wage garnishments even without application, you should ask your attorney to produce a copy of your bankruptcy filing. You can send the same to your creditor even before the garnishment occurs. With this, you will be able to stop wage garnishment before any installment.
Thus, it is good to file bankruptcy when you want to begin your life from a new end while handling your previous debts with the court’s help.

If you would like more information about bankruptcy, contact a Fort Worth bankruptcy attorney.


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