The filing of a bankruptcy will stop a creditor from garnishing your wages.
One of the benefits of filing a bankruptcy is that the bankruptcy “Stays” all collection proceedings.
This means that during the bankruptcy a creditor cannot contact you about the debt, can’t sue you on the debt, or try to collect on the debt.
A garnishment of wages is considered a collection proceeding under the bankruptcy code. As a result, a creditor that either starts a garnishment of wages or tries to continue to garnish wages is violating your rights to an automatic stay of all collection proceedings under the bankruptcy code.
If you have received word from your employer that a creditor is going to garnish your wages, you may want to consider speaking with an experienced bankruptcy attorney about your legal rights.
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Last modified: June 15, 2011