Will Bankruptcy Stop Wage Garnishment?

A common question I receive is whether filing bankruptcy will stop a creditor from garnishing wages.  The short answer is "yes".  The "automatic stay" that applies when bankruptcy is filed "stays"  or prevents all collection activities.  Therefore, during bankruptcy creditors cannot contact you about the debt, cannot file a lawsuit against you on the debt and cannot attempt to collect on the debt.

Wage garnishment is considered a "collection" under the bankruptcy code.  As a result, a creditor cannot start a garnishment or continue to try to attempt to garnish your wages without violating the "automatic stay" of all collection activities under the bankruptcy code.  If your wages have been garnished or you believe that your wages are going to be garnished you should consider speaking to an experienced Kansas City bankruptcy attorney, such as myself, Cary S. Smalley of The Smalley Law Firm, about your legal rights.  For more information please visit http://www.thesmalleylawfirm.com