MICHAEL D. HART, P.C.

Filing bankruptcy will stop garnishment of wages or accounts promptly.  At Michael D. Hart, PC, it is our standard practice to file the application to quash (stop) the garnishment the same day we file your bankruptcy petition.  Usually, your employer will stop withholding wages within about two weeks.  Bank accounts are usually "unlocked" in seven to ten days.

 

In many cases, it is possible not only to stop the garnishment, but to recover money recently withheld.  Recovery applies to state court garnishments which remain pending at the time the bankruptcy is filed.  It does not apply to  most older garnishments, tax liens, or administrative withholding orders.  You should meet with your bankruptcy attorney to find out details on stopping garnishment and recovering withheld wages.  You should bring a copy of the garnishment and of your last paystub with you to your meeting.

 

Filing bankruptcy will not stop wage withholding for current domestic support obligations, like child support.  Filing Chapter 7 will not stop withholding for past-due support.  Past-due support can be managed through a Chapter 13 Plan.  Details of the intersection of support obligations and bankruptcy protection should be discussed with your attorney.