Perhaps one of the most common questions asked in the past few months as credit card defaults have increased is whether filing a bankruptcy will stop a wage garnishment. In almost all situations, filing a bankruptcy WILL usually stop a wage garnishment. When a debtor files for bankruptcy, he or she is protected by the automatic stay.
I tell most clients that the automatic stay acts as a shield and creditors usually can’t penetrate that shield. When a bankruptcy is filed most of my clients benefit from the protection the automatic stay affords them. Thus, a creditor is forced to stop a wage garnishment except in limited situations such as child support payments.
Shakeal Masoud
California Bankruptcy Attorney
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