QUESTION
Can debt collectors still try to garnish wages if I told them I filed for bankruptcy?
Asked on Jun 15th, 2011 on Bankruptcy - Georgia
More details to this question:
Is it illegal for a company to keep harassing your employer for garnishments once you have told them that you are filing bankruptcy?
15 ANSWERS
Spencer Hale
If the creditor is pursuing a garnishment after you actually file bankruptcy then you can sue them. If you are just preparing to file, the creditor can pursue any legal method to collect until such time as you actually file.
Answered on Jun 17th, 2011 at 1:29 PM
Litigation Attorney serving Portland, OR
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Daniel G. Hoarfrost
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Once you actually file a bankruptcy, your creditors are automatically blocked from any collection, including garnishments.Until you actually file, your creditors can continue to try and collect their claims.
Answered on Jun 17th, 2011 at 11:35 AM
Bankruptcy Attorney serving Atlanta, GA
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Saedi Law Group, LLC
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Creditors can continue to collect a debt until you actually do file the case. Just telling a creditor you are going to file does not create any legal obligation for them to stop. As soon as you file for bankruptcy you can give them your case number and then they will cannot collect on the debt.
Answered on Jun 17th, 2011 at 11:33 AM
Bankruptcy Chapter 7 Attorney serving San Diego, CA
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Law Office of Asaph Abrams
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Collectors must comply with fair-debt-collection practices, however saying you filed bankruptcy is not the same thing as filing bankruptcy. One must not say one filed if that is not the case.
Answered on Jun 17th, 2011 at 10:43 AM
Only the actual filing of bankruptcy stops creditors from harassing you and garnishing wages.
Answered on Jun 17th, 2011 at 9:52 AM
Bankruptcy & Debt Attorney serving San Diego, CA
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Jackie Robert Geller Attorney at Law
They can still collect up until the time you actually file. Telling them you are going to file is not enough.
Answered on Jun 17th, 2011 at 9:52 AM
Bankruptcy Attorney serving Herndon, VA
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Maureen O'Malley
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Not if you've filed for bankruptcy. After you file they can't legally take action against you without court permission.
Answered on Jun 17th, 2011 at 9:30 AM
Filing bankruptcy stops wage garnishments. Saying you did without actually filing does not stop wage garnishments. If you filed bankruptcy and you provide your employer, your creditor, and the Marshall or Sheriff who filed the Notice of Levy with proof that you filed bankruptcy, the wage garnishment will stop.
Answered on Jun 17th, 2011 at 9:25 AM
Continuing attempts to collect debt after a case is filed violates the bankruptcy code and the creditor can be found in contempt.
Answered on Jun 17th, 2011 at 9:23 AM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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There is an automatic stay upon filing for bankruptcy. Debt collectors are prohibited from continuing garnishment.
Answered on Jun 16th, 2011 at 12:45 PM
judith runyon
Until you actually file bankruptcy the wage garnishment is still in effect and your employer has to honor it.
Answered on Jun 16th, 2011 at 12:21 PM
Chapter 13 Bankruptcy Attorney serving Beaverton, OR
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Law Offices of Alexzander C. J. Adams, PC
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They can only garnish if you have not filed. If you actually filed, provide them the case number and they will go away. If you only told them you filed because you are planning to in the future, they can garnish until the case is filed.
Answered on Jun 16th, 2011 at 11:51 AM
Bankruptcy Attorney serving Hayward, CA
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Carballo Law Offices
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Telling someone you filed for bankruptcy makes no difference if it is not true. If you actually filed a bankruptcy case then the collectors cannot contact you or take any action against you, including garnishing wages.
Answered on Jun 16th, 2011 at 11:37 AM
Glen Edward Ashman
You told them? That is not how you deal with this. Notice is done in a proper written procedure. If you filed yourself, the fact you did that shows that you are over your head. Get a lawyer before you screw up more things. If you have an attorney, the attorney will do proper noticing and will address any violations of the automatic stay.
Answered on Jun 16th, 2011 at 11:01 AM
Bankruptcy Attorney serving Seattle, WA
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Symmes Law Group, PLLC
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Debt collectors may still try to garnish your wages if you told them you filed bankruptcy. If however you actually filed for bankruptcy, then all debt collection and garnishment efforts must stop as you are protected by the automatic stay.
Answered on Jun 16th, 2011 at 11:01 AM