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"Can Your Wages Be Garnished For Medical Bills" Discussion

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Professional Q&As for "Can Your Wages Be Garnished For Medical Bills"

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.

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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
2021-11-29

I am currently having wages garnished. How quickly can I get this stopped?

6 Reactions

Community Replies:

Upsolve Community Member
Laura, great question. Lots of people come to Upsolve because they've had a wage garnishment. You can learn about the options for stopping a garnishment here: https://upsolve.org/learn/stop-wage-garnishment/

Upsolve Community Member
Once the bankruptcy is filed, make sure you follow this https://upsolve.org/learn/when-wage-garnishment-stop-after-file/

Upsolve Community Member
Many people decide to file bankruptcy to stop a wage garnishment- hope those articles help you learn more! Please let us know if you have other questions 

Upsolve Community Member
2022-01-06

A creditor was still garnishing my wages after I filed bankruptcy on 12/8, I filed a Motion For Sanctions for Violation of Automatic Stay. I just received a call from the courthouse and the judge has scheduled our hearing for the motion next Thursday via telephone. Does anyone know what I can expect from this hearing or what questions they will ask? I also called my payroll team and the creditor still has not contacted them to stop the garnishment even though I filed the motion? Any information would be greatly appreciated, I am extremely nervous about this.

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Community Replies:

Upsolve Community Member
I have never had my wages garnished.

Upsolve Community Member
You'll want to gather all the information you have about the garnishments so it's all written down in front of you for quick reference if needed during the hearing. As long as the creditor was listed on your forms and they received the notice of your bankruptcy filing, the judge should reserve the "hard" questions for the creditor. 

Upsolve Community Member
I sent copies to the courthouse, trustee, the creditor, and kept a copy for myself. I sent a copy of my paychecks showing the garnishment being taken. I also gave a timeline of events in the Motion that happened as far as filing and contacting the creditor, everything I could think of that they may as of may need. 

Upsolve Community Member
Also since I sent the motion to the court last week I just got notice this morning that they were stopping the wage garnishments. Now to get my money back.

Upsolve Community Member
Please keep us updated, Samantha- this has truly been a rollercoaster for you. Thanks so much for being here 

Upsolve Community Member
2021-10-12

I’m filing my bankruptcy tomorrow through the mail. How long does it normally take to go through the whole process? Also my job has received paperwork to have my wages garnished for a car that was repossessed. How soon after filing will this garnishment stop?

1 Reactions

Community Replies:

Upsolve Community Member
Hi Celeta, thanks for asking! This article has information about the timeline for a Chapter 7 bankruptcy: https://upsolve.org/learn/how-long-does-chapter-7-take/

Upsolve Community Member
And you can learn more about garnishment here! https://upsolve.org/learn/when-wage-garnishment-stop-after-file/

Upsolve Community Member
2021-12-15

I filed for bankruptcy on December 8th and unfortunately it has not stopped my wage garnishments yet. Will they have to pay me back any garnishment they took after I filed bankruptcy?

3 Reactions

Community Replies:

Upsolve Community Member
Samantha, thanks so much for asking. Did you happen to follow the steps here: https://upsolve.org/learn/when-wage-garnishment-stop-after-file/? It may be possible to get the money back, but it might require a separate court proceeding- you can learn more about that here: https://upsolve.org/learn/recover-garnished-wages-after-filing-chapter-7/

Upsolve Community Member
Hi Samantha! The articles Harry posted are great resources. You might also be interested in the Upsolve article https://upsolve.org/learn/believe-creditor-listed-on-my-petition-has-violated-automatic-stay-what-can-i-do/. There's a section on wage garnishment.


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