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"How To Stop Garnishment" Discussion

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Professional Q&As for "How To Stop Garnishment"

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
2022-01-19

How do i get my garnishments back.

Community Replies:

Upsolve Community Member
Hi Brandon, call your Trustee and ask what the process is. Be sincere. Good luck! :-)

Upsolve Community Member
Hi Brandon, the article https://upsolve.org/learn/recover-garnished-wages-after-filing-chapter-7/ might also help answer your question. 

Upsolve Community Member
Under certain circumstances, you might be able to stop garnishments or even get back garnished wages with a bankruptcy filing- the first step is to file and then follow the steps outlined here: https://upsolve.org/learn/when-wage-garnishment-stop-after-file/ 

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.

Upsolve Community Member
2021-12-30

I spoke with the courthouse regarding the creditor still garnishing my wages. They said to file a Motion for Sanctions for Violation of Automatic Stay, I can not find this form, can you help?? This would be for WV.

11 Reactions

Community Replies:

Upsolve Community Member
Hi Samantha! I'm sorry you are having this aggravating problem! The Upsolve Learning Center has this article which might help: https://upsolve.org/learn/believe-creditor-listed-on-my-petition-has-violated-automatic-stay-what-can-i-do/ Additionally, this article outlines https://upsolve.org/learn/when-wage-garnishment-stop-after-file/ As for the specific form, I don't know. Perhaps calling the court and asking them for the specific form #? 

Upsolve Community Member
I called the courthouse back and there is not a specific form, I just had to type something up that included my information, case number, a summary of what was transpiring with the garnishment after filing, put at the top of the page that it was a Motion for Sanctions for Violation of Automatic Stay, and send copies to the trustee, court, and the creditor. Sending it out today, wish me luck.

Upsolve Community Member
I found something that was along those lines, Samantha but I am not an attorney, so I couldn't say this was "the" way to do this but this makes sense now. I'm happy the court gave you an "answer" you sound satisfied with! Good luck! :-) 

Upsolve Community Member
Good luck Samantha! We'd love to hear about your experience filing the motion pro se and any advice you have for others!

Upsolve Community Member
Good luck, Samatha! Thanks so much for asking and keeping us updated. It really helps other Upsolvers, too! 

Upsolve Community Member
I sent in the paperwork last week and haven’t heard anything just yet. I assume it’s due to the holidays, however I will keep you in the loop on what does happen.

Upsolve Community Member
2021-12-14

I owe 11,490.00 to the oregon unemployment department can this be included in my bankruptcy im currently being garnished for this debt

10 Reactions

Community Replies:

Upsolve Community Member
Generally speaking, unemployment overpayment is dischargeable in bankruptcy. 

Upsolve Community Member
If you haven't already, you might want to check our learning center for articles about https://upsolve.org/learn/unemployment-overpayment/. 

Upsolve Community Member
Great question! Keep on asking 

Upsolve Community Member
Be sure to check your unemployment records and receipts! The Unemployment office has been overwhelmed and it's possible errors in accounting or dates were made. You might also be interested in this article: https://upsolve.org/learn/will-bankruptcy-stop-wage-garnishment/


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