I have a judgement and my wages are being garnished. Should notice be sent to the creditor's attorney and the Sheriff?

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Written by Jonathan Petts, Esq.  
Updated May 16, 2019

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Yes, you should send notice to the creditor or their attorney as well as to the Sheriff. Filing bankruptcy puts an automatic stay on all collections activities, including garnishments. Once the creditor knows of the bankruptcy, the garnishment must stop -- even if the employer hasn’t received a notification from the court. 

NOTE - most garnishments are stopped by the automatic stay, but some are not. Most notably, domestic support obligations (like child-support) are not subject to the stay. Thus, any garnishments for this type of obligation will continue regardless of your bankruptcy.

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Upsolve is a 501(c)(3) nonprofit that started in 2016. Our mission is to help low-income families who cannot afford lawyers file bankruptcy for free, using an online web app. Spun out of Harvard Law School, our team includes lawyers, engineers, and judges. We have world-class funders that include the U.S. government, former Google CEO Eric Schmidt, and leading foundations. It's one of the greatest civil rights injustices of our time that low-income families can’t access their basic rights when they can’t afford to pay for help. Combining direct services and advocacy, we’re fighting this injustice.

To learn more, read why we started Upsolve in 2016, our reviews from past users, and our press coverage from places like the New York Times and Wall Street Journal.

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