QUESTION
If a creditor has garnished my bank accounts, can I file bankruptcy?
Asked on Jul 17th, 2013 on Bankruptcy - Idaho
More details to this question:
A creditor has garnished my bank accounts and I'm afraid they are going after my wages next. I tried calling them and they are just giving me the run around.
13 ANSWERS
William Rhymer
A bankruptcy will stop a bank garnishment. You need to see a bankruptcy lawyer as soon as possible.
Answered on Jul 18th, 2013 at 2:09 AM
The fact that your bank account has been attached will not prevent you from filing bankruptcy, but that doesn't mean that you can qualify to file bankruptcy or that filing bankruptcy is the best thing for you to do. There are many factors that go into making a decision to file bankruptcy.
Answered on Jul 18th, 2013 at 2:08 AM
Bankruptcy Chapter 7 Attorney serving Boston, MA
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Conner Law Offices
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You should talk to a bankruptcy attorney. This is a common situation, and a bankruptcy attorney can help prevent them from garnishing your wages.
Answered on Jul 18th, 2013 at 2:07 AM
If you file bankruptcy the judgment is no longer collectible and the creditor can no longer garnish your bank accounts or wages.
Answered on Jul 18th, 2013 at 2:06 AM
Personal Injury Attorney serving Glendale, CA
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JT Legal Group
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Yes, it's usually best file before they garnish. Of course, you need to see one of us because there may be other factors that you did not account for. We've even had cases where we get the money back after they levy the account (it's a complicated lien avoidance action). The timing has to be right for that to work though.
Answered on Jul 17th, 2013 at 12:36 PM
General Law Attorney serving Cherry Hill, NJ
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Mark S. Cherry, Attorney at Law, PC
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Yes if you meet the other qualifications with income, expenses and assets. Also, if the creditor obtained a judgment that is not-dischargeable such as child support, student loans, certain taxes, or fraud items bankruptcy would not help
Answered on Jul 17th, 2013 at 12:32 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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Yes, that would be a situation, if it makes sense with other creditors you may have, to file. Seek out good representation.
Answered on Jul 17th, 2013 at 11:30 AM
Bankruptcy Attorney serving Overland Park, KS
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The Smalley Law Firm, LLC
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Yes, filing bankruptcy will stop collection on judgments, including wage garnishment and bank account seizures.
Answered on Jul 17th, 2013 at 11:03 AM
Bankruptcy Attorney serving Alpena, MI
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Carl C. Silver Attorney at Law
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You should file before the garnish your wages.
Answered on Jul 17th, 2013 at 11:02 AM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Yes you can file for bankruptcy in order to stop future garnishments of your bank account and/or your wages.
Answered on Jul 17th, 2013 at 10:56 AM
Regulatory Attorney serving Spokane, WA
Partner at
Deissner Law Office, P.C.
Yes: you might be able to get some of the garnished money back.
Answered on Jul 17th, 2013 at 10:48 AM
bankruptcy Attorney serving Paul, ID
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Paul N. J. Ross Law, PLLC
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Yes you can file bankruptcy, but the chapter you file will determine whether or not you receive any of those funds back.
Answered on Jul 17th, 2013 at 10:48 AM
Corporate & Incorporation Attorney serving Huntersville, NC
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Elliott Law Firm, P.C.
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Assuming that the debt in question is a dischargeable debt (ie. Not taxes or child support obligations) then yes you can file bankruptcy to stop the garnishments and discharge the underlying debt obligation.
Answered on Jul 17th, 2013 at 10:48 AM