If you’re like most people, having your paycheck garnished is a stressful and even, embarrassing, experience. Often, garnishment puts people behind in paying for important living expenses such as rent, mortgage, and car payments. In most cases, filing bankruptcy will stop wage garnishments immediately.
Immediately upon bankruptcy filing, all consumer debt garnishments will cease. Creditors are required by law to obey the automatic stay, preventing the attempt to collect debts. Consumer debt is credit card and personal signature loan debt medical bills ect. reduced to a judgment.
A Special Word about Child Support
Child support obligations are not dischargeable in bankruptcy and therefore filing your bankruptcy petition will not stop garnishments for support due currently.
If you file Chapter 13 bankruptcy, which provides for the long term repayment of your debts, wage garnishment for past due child support may be temporarily halted.
Resumption of Garnishment
If you have debt that cannot be forgiven in bankruptcy such as child support and (certain kinds of) student loans, garnishment may resume after your bankruptcy case is completed.
Why Stopping Garnishment Benefits You
Stopping consumer debt garnishment is especially beneficial if the paycheck deduction is causing you to fall behind in more important payments such as your rent, mortgage, and car payments.
Bankruptcy allows you to reset your payment priorities, allowing, for the most part, you to decide who gets paid and who does not.
Where do I get help?
Consult with a qualified attorney when considering bankruptcy or if you have any questions about stopping wage garnishment. Bankruptcy is a very specialized area of law; be sure your attorney focuses his or her practice on bankruptcy and stopping wage garnishment. We focus our practice on bankruptcy law and you can reach us at 513-793-6555, the form below, or by email at Thomasjr@geygan.com. We will gently walk you through the process and aggressively fight for your legal rights.
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