How Long Until My Wages Are Not Garnished?
There are several things to consider when you are filing bankruptcy to stop wage garnishment.
Considering that payroll is most likely done several days before you are actually paid, along with the process, the garnishment may continue 1-2 paychecks after your bankruptcy is filed. Wage garnishment does not instantly stop, this is what has to happen:
When you are filing bankruptcy you will be listing the creditor and the attorney for that creditor that is garnishing your wages so that they can receive a notice.
Then, your attorney will send a request to release the garnishment to creditor’s attorney.
The creditor’s attorney will process the request and send a notice to release the garnishment from your wages to both, your attorney and to your employer.
Once your payroll department receives the notice to release the garnishment, they will then stop deducting money from your paychecks.
This can happen in a couple days or within a couple weeks. It depends on how quickly the creditor and the payroll department process their paperwork. However, if your wages are garnished after the filing date, all the money taken will be returned to you.
Do not wait to file for bankruptcy until you receive a garnishment, a judgment or a summons. If you find you can no longer pay your bills and your debt keeps accumulating, set up a free consultation to discuss your options.