There are some follow up questions to this question. Did you list the creditor on your petition and in the Creditor's Matrix, did you also include in the creditor's matrix the attorney for the creditor (if one was involved in the lawsuit). I have had a bad experience with an Orange County Sheriff's office who for over 2 months continued to garnish my client even though I had papered the world, so to speak, with the notice of the bankruptcy filing. It stopped eventually and my client did get a refund but of course it was a very difficult situation for them. Whenever I have a client with an existing garnishment I take extra steps to ensure that the parties involved get notified of the bankruptcy as soon as possible. This involves listing the creditor, their attorney(s), and the sheriff's office in the creditor's matrix. But I also fax the Notice to these parties as well. An attorney receives an electronic version of the Notice, so I can send a copy of that within just a few minutes of filing the case. Don't get upset with your employer. They lack the authority to stop the garnishment simply because you gave them a copy of the Notice. Usually the creditor's counsel will take the proper steps and notify the Sheriff's Office withdrawing the Garnishment Order. If creditor or their attorney received a notice but they don't take the steps to notify the Sheriff's office you could go after them for sanctions. If however it's the Sheriff's Office that is backed up with cases, well I don't know, I sure wish I had an answer for that one. Luckily, I only had this happen once.
Answered on Sep 27th, 2013 at 4:06 AM