How Soon After I’ve Been Garnished Can I File Bankruptcy?

garnishmentWhen a creditor sues a debtor and get a judgment, the creditor (now judgment creditor) will try to collect from the debtor (now judgment debtor) by way of garnishment.

Garnishment is a legal procedure by which the judgment creditor is able to compel a party that owes money to the judgment debtor, to pay some or all of that money to the judgment creditor instead.

A common question when a judgment debtor is garnished is how to stop the garnishment?  Although there are statutory limits to how much of a judgment debtor’s wages can be garnished, the reduction in take-home pay caused by garnishment can put a dent in the judgment debtor’s ability to afford the basic necessities.

Bankruptcy is one way to stop garnishment.  Bankruptcy works by discharging the underlying obligation and enjoining any further effort to collect on the debt, by garnishment or by others methods.

Some judgment debtors believe that they must wait a certain minimum time after the start of garnishment before they can file for bankruptcy.   That’s a misconception —   there is no required waiting period for filing for bankruptcy after the start of garnishment.  There may be other considerations affecting the optimal time to file, but there is statutory waiting period associated with garnishment.

If you’re being garnished and would like to stop the process through the use of bankruptcy, drop us a line at tzink@mccarthyfingar.com.

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We are a debt relief agency, we help people file for Bankruptcy under the Bankruptcy Code. This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

Author: westchesterbankruptcylawyer

https://www.avvo.com/assets/badges-v2.jsLawyer Ted Zink | Featured Attorney Bankruptcy

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