Submitted by Anonymous on Thu, 04/29/2010 - 07:57
Posted in
OK. Seems like I waited too long to file bankruptcy because a creditor now has a wage garnishment against me for a hefty chunk of my income. I live in Massachusetts and I'm wondering if I file bankruptcy can I stop this? Please let me know. Thanks
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Editor's Response
For those who do not know, it is possible for a creditor to file suit against a debtor and ask the court to issue a writ of wage garnishment. If the creditor is successful, the court will order the debtor's employer to withhold a certain amount each month from the debtor's wages. As soon as you file your bankruptcy petition, your creditors must cease all collection efforts against you, including wage garnishment. There are some exceptions to this general rule, such as in cases where the creditor is attempting to collect debts that cannot be discharged. So, you need to talk to a MA bankruptcy attorney ASAP and ask him or her how you should proceed. Good luck. For more information, visit our Massachusetts Bankruptcy Discussion Forum.
The short answer. YES filing
The short answer. YES filing bankruptcy will stop the wage garnishment the moment you file. Also, even if the debt is non-dischargeable the wage garnishment will likely have to stop because of the automatic stay while in bankruptcy. However, after the case closes or the stay is lifted the garnishment will start right back up. Good luck.
Attorney Robert Kovacs