Will Bankruptcy Stop A Creditor From Garnishing My Wages?

by Kevin Gipson, New Orleans Bankruptcy Attorney

November 28, 2009

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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I've been a consumer bankruptcy lawyer for nearly 25 years. Since that time I have helped many people resolve their financial problems. I have been practicing law since 1986 and I am licensed to practice in all state and federal courts in the State of Louisiana. Because I am a sole practitioner, you know that your debt matters are being handled by me personally. In addition to my work with consumers, I am also frequently asked to speak at local seminars on bankruptcy law. I am member of the following organizations: • Louisiana Bar Association • National Association of Consumer Bankruptcy Attorneys • Bankruptcy Law Network My office is located at: 3920 General DeGaulle Drive, New Orleans, LA 70114 Telephone: (504) 368-4101

Last modified: June 15, 2011