When your case is filed, it includes a list of your creditors, their addresses, and amounts owed. Each creditor listed will receive a Notice of the Bankruptcy, this is typically mailed out by the court. However, in a case of a garnishment, I will typically not only list the creditor and their counsel but I will also fax a copy of the Notice to the Creditor and Counsel as soon as I file the case. The mailing done by the court takes about a week. By faxing I can provide almost instant notice alerting the creditor that they must now take steps to withdraw the garnishment order. Notifying the sheriff's office or the employer typically has not yielded results for me since both of these third parties are waiting for the paperwork that needs to come from the creditor or their attorneys. Unfortunately, also some of the sheriff's office are slow in processing the withdrawal and since there are multiple parties in the process this may take a few days, unfortunately sometimes weeks. Of course you supposed to and typically do receive a refund of any money taken once the case is filed.
Answered on May 18th, 2015 at 4:18 AM