Do I notify the employer or my lawyernotify them. Will take more than a week for the employer to be notified in stopping the garnishment
The garnishment would be stopped immediately. A Notice of Bankruptcy should be sent to the creditor's attorney that filed the garnishment and to your employer's payroll department. In addition, they may be required to refund any funds garnished during the 90 days prior to the filing of the bankruptcy. You should have an attorney assisting you with the bankruptcy as it is a very complicated area of law.
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Disclaimer: This answer does not constitute legal advice. I am a licensed attorney in Maryland and the District of Columbia. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your local area. This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.
A wage garnishment should be stopped immediately. Your lawyer should notify both your employer and the lawyer for the garnishing creditor, and the creditor's lawyer has a duty to make sure it is stopped. Now, understand that if payroll is on Friday and you file on Thursday or even Wednesday, there is probably no way to stop it for that check because payroll has already been run, but you are entitled to get it back.
When i file a case with an active garnishment i send a fax right after I file the case to the lawyers who placed the garnishment; the employer and the sheriff so the garnishment is halted ASAP.
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Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship. The opinions expressed herein are those of the author only and the fact that he has worked as an Assistant District Attorney; State Supreme Court Clerk; Special Assistant United States Attorney (Hawaii); Assistant Cornell University Counsel or Judge Advocate, United States Marine Corps should not be relied upon to assume that these statements reflect the policy of these organizations.