After initially filing for bankruptcy, how does one serve notice of stay of action of wage garnishment in Virginia?

Asked over 1 year ago - Blacksburg, VA

My wages are currently being garnished by a creditor who has won judgement against me. I have also filed for bankruptcy. How can I properly inform all relevant parties that my income is now protected by automatic stay?

Attorney answers (4)

  1. Dorothy G Bunce

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . I provide notice of filing by printing out a copy of the online certificate issued at the time of filing together with the Schedule listing the creditor. I fax to the creditor's attorney, to the employer, & to the law enforcement office that is processing the Writ. Hope this perspective helps!

  2. Jeffrey B. Peltz

    Pro

    Contributor Level 15

    1

    Lawyer agrees

    Answered . Provide the attorney for the creditor with a copy of the notice you received from the court. Also provide a copy of the page in the petition that list the debt. The attorney for the creditor will then stop the garnishment. Since he/she is the one that gave the garnishment, he/she must stop it. If the garnishment isn't stopped it's a violation of the automatic stay. By the way, the attorney for the creditor will also receive a copy of the notice since he/she should have been listed in the petition.

  3. Dennise Louise Mccann

    Contributor Level 10

    1

    Lawyer agrees

    Answered . You may have listed your employer for notice purposes on your schedules or I suggest sending a copy of the formal notice to creditors to your employer.

  4. Sonila Isak

    Contributor Level 9

    Answered . Also, send the court where the judgment was entered a copy of your 341 notice together with the schedules listing the creditor.

Related Topics

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Bankruptcy is a legal way for people or businesses who are no longer capable of paying back their bills to clear these debts and start over.

Chapter 7 bankruptcy

Chapter 7 bankruptcy is a form of bankruptcy where your debts are canceled, but some of your assets are sold to pay off part of your debt.

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