How to Stop Garnishment
When you file for bankruptcy the automatic stay goes into effect immediately and your garnishment will stop with these 6 simple steps.
How Go Get Funds Garnished Post-Petition back
If your creditor has garnished your wages after your bankruptcy has been filed even though you called them right away to get the garnishment stopped, then it’s probably a timing problem. Especially if you filed the day before your next payday, there probably simply wasn’t any time. Chances are that payroll was already processed and even if the creditor contacted your employer right away, nothing could have been done to stop it. Make sure you let your employer know about this, and follow up with the creditor to make sure they are issuing a refund. If they are still garnishing your wages after the bankruptcy case is filed, they are violating the automatic stay. Creditors know that the Court can hold them in contempt and fine them for doing this, so they shouldn’t give you any grief about refunding you this money. If they refuse, or continue to garnish your wages, it’s important to let the Court know about this. Hiring a bankruptcy lawyer to hold your creditor liable for violating the automatic stay may be a viable option.
How Go Get Funds Garnished Pre-petition Back
In some cases, you may be able to get back some of your garnished wages. If the garnishment occurred 90 days before you filed bankruptcy then you could be entitled to the money they took from your paychecks if you have an exemption you can claim. Read this article to learn more about this possibility.