The Law Offices of Dax J. Miller
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The Law Offices of Dax J. Miller

Debt Settlement

How to Stop Garnishment

How to Stop Garnishment

If you have ever had to ask yourself “how do I stop garnishment” then you probably know that a garnishment can be one of the most devastating financial events a person can go through.  You work all week looking forward to your paycheck.  You have bills to pay, groceries to pick up and gas to put in your car so you can get to work next week.  All of a sudden, you see your pay stub or bank account balance and realize that something isn’t right.  You contact your payroll department who reluctantly informs you that, yes, you have been served a garnishment

What is a Garnishment?

A garnishment is basically a method by which one of your creditors seeks to obtain money you owe them.  Most garnishments come from creditors who have sued you in civil court; however, other garnishments can come from student loans, the IRS, and even the Department of Defense.  Most of those types of garnishments can be stopped or interrupted by a bankruptcy.  Unfortunately, other types of garnishments, such as child support or alimony, are not subject to the bankruptcy and you may have to examine other options.

How does Bankruptcy Stop Garnishment

When you file Chapter 7 or Chapter 13 Bankruptcy, an “automatic stay” comes into place.  The automatic stay is a federal injunction against the collection of most kinds of debts.  This means that once you are filed, the creditor that is garnishing your wages must stop garnishing your wages.  If they don’t stop, they are actually violating the bankruptcy code.  Depending on the nature of the violation, you may even be entitled to damages against them.

What Should I Do to Stop Garnishment?

If you think you are the victim of a garnishment, wrongful or otherwise, you need to get help.  If you sit back and do nothing, the creditor will garnish your wages until the debt (and any fees, interest or attorney fees) has been paid in full.  Get help today.  We offer unlimited free in-office and phone consultations as well as a special payment plan designed specifically for garnishment cases..