Vail A. Kaufman, P.A.
Always Free Initial Consultations
301-850-2470 or 800-724-1621

Can Personal Bankruptcy Stop My Garnishment?

Personal bankruptcy is a tool that is often used to stop a creditor from garnishing a debtors wages.

A creditor who obtains a judgement against a debtor can begin to garnish the debtors wages thirty days after the judgement has been entered.  Your employer will be required by law to comply with any garnishment request made by a creditor with a valid judgement.

A Chapter 7 Bankruptcy can stop a garnishment.  Once your Chapter 7 bankruptcy has been filed, notice can be sent to the employer instructing them to cease the garnishment.  The employer is required to end the garnishment because of the automatic stay put in place once you file.

Any money your employer might have garnished, but not yet turned over to your creditor will be returned to you.  Any money over $600 garnished within 90 days already in the hands of your creditor can be returned to you, as well.

In a Chapter 13 plan, the garnishment will also stop upon the filing of your bankruptcy.  The money that has been taken by the creditor over $600 can be returned to you, as well, although the liklihood is that money will be used to pay into your Chapter 13 plan.

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Vail A. Kaufman, P.A.
8955 Edmonston Road
Suite A
Greenbelt, MD 20770

Toll Free: 800-724-1621
Phone: 301-850-2470
Fax: 301-513-0434
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