The filing of bankruptcy creates an automatic stay order that will stop wage garnishment or a wage levy and it even has the power to stop an IRS wage levy. The automatic stay prevents any creditor from collection attempts and protects the debtor from levies, garnishment, and bank seizures. In fact, violation of the automatic stay is the most serious conduct that bankruptcy judges strongly punish creditors. What is most important in a situation where an employer has been served with a wage garnishment order is to file the bankruptcy immediately prior to the employer running the payroll for that week. That is why it is imperative that you contact an attorney who will be able to file an emergency bankruptcy filing to stop the wage garnishment.
You have limited time to Stop wage garnishment before they begin.
The garnishment process begins after the creditor has obtained a judgment and has served the employer of the debtor with the garnishment order. Wage garnishment orders become effective 14 days after service on the employer. Often employers do not know what the proper procedure is and out of caution, they may garnish wages ahead of time to avoid any liabilities with the creditors. At our office, we can file bankruptcy within 24 hours and serve notice on your employer and work with them through the process to make sure your wages are not garnished.
Continuing garnishments are also stopped with bankruptcy.
Even if your wages are being garnished, filing bankruptcy will stop an ongoing wage garnishment. In addition to stopping wage garnishment, bankruptcy will eliminate many other debts such as credit card and vehicle repossession debt.
To learn more, contact us and schedule your free consultation with the attorney who will explain the bankruptcy options available to you and the bankruptcy process. At the conclusion of your bankruptcy case, all debts would be discharged and the credit can not garnish your wages ever again.