DOES BANKRUPTCY STOP WAGE GARNISHMENTS?
Filing bankruptcy can stop wage garnishments in most cases. The Automatic Stay in bankruptcy law, stops most collection attempts when a bankruptcy case has been filed. In order for a creditor to be able to garnish your wages, in most cases the credit will first have to file a lawsuit against you and obtain a judgment (There are a few creditors that may not have to first obtain a judgment, i.e. student loans, taxes, and child support).
If one of your creditors has obtained a judgment against you, the creditor will most likely ask the court permission to start wage garnishments. Many of my clients here in Los Angeles are not aware of lawsuits or outstanding judgments against them for various reasons (not properly served, moved and never received any notices, etc.) and are surprised when their employer informs them of the wage garnishment order.
It is very important to speak with a bankruptcy attorney as soon as possible upon learning of a judgment creditor and/or a wage garnishment order. In some cases, we may have to file an emergency case to stop the pending wage garnishment order to protect our clients’ rights. Our office is located in Encino, and we serve all Los Angeles residence including surrounding cities of Van Nuys, Reseda, Canoga Park, North Hills, and all of the San Fernando Valley. Our convenient hours allows us to see our clients nights and weekends, so we can help and stop pending wage garnishment orders. Call our office at 818-428-1234 and talk directly to an affordable bankruptcy attorney and protect your rights!