Will filing for Chapter 7 or Chapter 13 bankruptcy in Florida stop a wage garnishment?

If you have a judgment against you then one of the remedies your creditors can seek is to wage garnish you up to 25 (twenty five) percent every paycheck until the amount of the judgment plus interest and fees is paid back.  If a wage garnishment order is granted against you then there really aren’t too many ways to have it cease.  However the filing of a bankruptcy in Florida will automatically cease a wage garnishment.

When a person files for bankruptcy in Florida, whether it is Chapter 7 bankruptcy or Chapter 13 bankruptcy the automatic stay comes into play.  The automatic stay is basically a freeze of all other proceedings or actions against the debtor, and in order to continue any of those proceedings or to start a new one a creditor is required to get permission from the bankruptcy court.

So in the case of a wage garnishment, the filing of the bankruptcy would automatically stop the wage garnishment and prevent the creditor from getting any monies from the debtor’s paycheck.

If you are currently going through a wage garnishment or recently have had a judgment granted against you and you would like to speak with a local bankruptcy attorney then please contact Ofer Shmucher at Shmucher Law, PL by calling 305-741-5553 or 954-309-5559.   We offer free consultations in Boca Raton, Fort Lauderdale, Miami, Plantation, and Sunrise Florida.

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