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"Can You Stop A Garnishment Once It Starts" Discussion

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Professional Q&As for "Can You Stop A Garnishment Once It Starts"

Upsolve Community Member
2021-11-18

I just got a default judgment from an old credit card, and I don’t know what to do next. Do I need to rush and try to file right away?

Community Replies:

Upsolve Community Member
Bankruptcy might help clear a judgment, depending on the circumstances. You can learn more here! https://upsolve.org/learn/erase-judgments-bankruptcy/

Upsolve Community Member
You may not have to RUSH but the next step after a judgment is usually a https://upsolve.org/learn/will-bankruptcy-stop-wage-garnishment/. Many filers do what they can to file before that starts so the garnishment doesn't actually impact them.

Upsolve Community Member
2021-12-08

I filed my paperwork yesterday and called to get my case number. I am about to get my wages garnished starting next week. I called and spoke with the lawyers office that deals with my garnishment and they said that my garnishment will stay in place until they send paperwork to the court and it is processed. Is that true? I thought when I filed it would put an automatic stop in place. I even emailed my payroll department at work and she said that she had to receive notice from the lienholder to stop the garnishment???????Is there anything I can do to speed things up with that? I already emailed payroll showing my documents from the courthouse that I filed.

9 Reactions

Community Replies:

Upsolve Community Member
You did all the right things but follow-up is key. Once the creditor knows the automatic stay is in effect they have to do what is necessary to stop the garnishment from continuing. That may involve filing things with the state court. The most important part now is to stay on top of them to make sure they do what they need to do. 

Upsolve Community Member
It sounds like you have a strong grasp on this process, but in case this is a helpful resource- https://upsolve.org/learn/when-wage-garnishment-stop-after-file/ 

Upsolve Community Member
Thanks so much for asking 

Upsolve Community Member
2021-10-06

I filed my bankruptcy yesterday & the attorneys for the company garnishing me won't accept my bankruptcy info, as a pro se filer is there anything I can do without a lawyer?

3 Reactions

Community Replies:

Upsolve Community Member
Desiree, thanks for your question! This article could be a good first place to start: https://upsolve.org/learn/believe-creditor-listed-on-my-petition-has-violated-automatic-stay-what-can-i-do/#what-to-do-if-you-a-creditor-violates-the-stay-by-continuing-to-garnish-your-wages

Upsolve Community Member
Here is a short overview of what steps to take after filing to ensure the garnishment stops as quickly as possible: https://upsolve.org/learn/when-wage-garnishment-stop-after-file/

Upsolve Community Member
2022-01-21

Will filling bankruptcy stop garnishment?

2 Reactions

Community Replies:

Upsolve Community Member
Hello Patricia, Great question. Here is an article to help you out: https://upsolve.org/learn/when-wage-garnishment-stop-after-file/

Upsolve Community Member
Here is an additional helpful article: https://upsolve.org/learn/stop-wage-garnishment/

Upsolve Community Member
Hi Patricia, Upsolve has an article https://upsolve.org/learn/will-bankruptcy-stop-wage-garnishment/ that answers that question and I think you'll like the answer, but keep in mind debt like child support, alimony, IRS debt, and student loans are treated differently. If any other questions come to mind feel free to ask! We'll do our best to try and help! 

Upsolve Community Member
Hi Patricia! Here is an article from the Upsolve Learning Center that should answer your question: https://upsolve.org/learn/when-wage-garnishment-stop-after-file/ I hope this helps! :-)

Upsolve Community Member
Yes, it did mine IMMEDIATELY..

Upsolve Community Member
2021-11-12

If I’m being garnished at work for 2 years. Do I say it with a law suit this year ? Or will there be another place to put it?

11 Reactions

Community Replies:

Upsolve Community Member
Great question! You'll want to make sure you list this in all of the following spots: (1) as a debt owed to the creditor that sued you, with their attorneys listed as additional notice recipients, (2) as a lawsuit within the last year, and (3) in yet another spot where it asks how much has been garnished from you recently.

Upsolve Community Member
Also check out https://upsolve.org/learn/when-wage-garnishment-stop-after-file/ so you know what to do once your case is filed! 

Upsolve Community Member
For more information on lawsuits, check out this article about https://upsolve.org/learn/what-happens-when-someone-sues-you/. When you go through the questionnaire, there will be a section where you can disclose information about the lawsuit and about the garnishment.


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