"How To Stop Wage Garnishment" Discussion

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
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
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/

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
Hi Lynn, You may be a good fit for filing bankruptcy now, but that is for you to decide given your current financial situation. Here is an article to give you some guidance: https://upsolve.org/learn/should-i-file-for-chapter-7-bankruptcy/ Additionally, most people can keep their car and get debt relief by filing bankruptcy. Here is an Upsolve Article that covers this topic: https://upsolve.org/learn/can-keep-car-file-bankruptcy/

Upsolve Community Member
Lynn, thanks for asking! It sounds like you might find this resource helpful: https://upsolve.org/learn/debt-collection-lawsuit/ 

Upsolve Community Member
Please let us know if you have any other questions! 

Upsolve Community Member
Hi Lynn, I also recommend reading https://upsolve.org/learn/bank-account-garnished/. It discusses the limits on bank garnishments. 

Upsolve Community Member
I read the article on Bank account garnishment, however I’m not sure I understand it completely. It said it could garnish electronic deposits but not paper checks or cash deposits, Did I get that right?

Upsolve Community Member
Hm, it might be a bit more complicated than that- try reading that article again and this one might help too: https://upsolve.org/learn/stop-wage-garnishment/