WILL MY WAGES BE GARNISHED IF I FILE BANKRUPTCY?
As soon as you file for bankruptcy, any wage garnishment should stop. After filing of your bankruptcy case we notify the marshal or sheriff and the creditor of the bankruptcy filing. They are required to immediately cease the wage garnishment. The same goes for your bank account. If the account is frozen, then after the filing of the bankruptcy case the creditor is required to release the bank account after notice of the filing.
The bankruptcy Court will not garnish your wages or bank accounts. If your wages continue to be garnished even after you have filed for bankruptcy, it is important to contact my office immediately as this is a direct violation of the law and the creditor could be punished monetarily.
I am, Russell Simonetta, Central New York’s Premier Bankruptcy Lawyer!