Free Case Evaluation

 
 
X Close
Phone Call Us 414-326-9231
608-260-7133
Toll Free 866-678-9352
Text Us 414-277-7742
You can also feel free to text us at 414-277-7742 to set up your FREE appointment with our attorneys today

Will filing bankruptcy stop a wage garnishment?

Yes, filing bankruptcy will stop a wage garnishment. Oftentimes, clients come to us because their wages are being garnished as a result of a judgment regarding credit card debt. (Please note filing bankruptcy cannot stop a wage garnishment for domestic support.) When a bankruptcy is filed an Automatic Stay is put into place. This means that creditors may no longer contact or collect from the recently filed debtor, therefore stopping the wage garnishment. The debt the garnishment is paying will now be resolved through the bankruptcy. After the bankruptcy petition has been filed, a case number will be assigned. The debtor or his/ her bankruptcy attorney should notify the Human Resources or Payroll Department at the debtor's place of employment that a bankruptcy petition has been filed. This can be done by sending them the first page of the petition which serves as the proof of filing. It is also beneficial to send the creditor's attorney a copy of the proof of filing too. Once both parties have received notice, it may take up to a week to stop the wage garnishment. In some cases, it may be possible to recover a portion of the wages that were garnished before you filed bankruptcy. -written by Stacey Martinez, Legal Assistant

No Comments

Leave a comment
Comment Information

Contact Our Milwaukee Law Firm

Reach Miller & Miller Law, LLC, online or call us at 414-326-9231 to schedule a free initial consultation. Our law office also provides Spanish language services. Se habla español.

To schedule an initial consultation, call 414-326-9231 or contact Miller & Miller today.

Free Case Evaluation

* indicates required field

 
 

Milwaukee Office
633 W Wisconsin Ave, Suite 500
Milwaukee, WI 53203

Phone: 414-312-6581
Fax: 414-277-1303
Milwaukee Law Office Map

Kenosha Office
6123 Green Bay Road
Suite 210
Kenosha, WI 53142

Phone: 262-326-1669
Kenosha Law Office Map

Brookfield Office
200 S. Executive Drive
Suite 101
Brookfield, WI 53005

Phone: 262-261-0665
Brookfield Law Office Map

Madison Office
2810 Crossroads Drive
Suite 4001
Madison, WI 53718

Phone: 608-260-7133
Madison Law Office Map