A Chapter 7 can immediately stop a wage garnishment. You will need to provide your attorney with a copy of the garnishment paperwork as well as contact information for your payroll department.
I usually like to get a fax number for payroll & a name of the person in payroll so that I can expedite the process to stop a garnishment.
Be sure to make sure the attorney you hire includes the additional work of stopping the garnishment in the legal fee you are quoted, as it can be an extra charge due to the additional work required to stop the garnishment promptly.
A bankruptcy filing should immediately stop a wage garnishment. You will need to take particular care to make sure that your bankruptcy attorney has the fax numbers and addresses for both your garnishing creditor and your payroll department/Human Resources so that they can be noticed within minutes of your bankruptcy filing.
Yes, a bankruptcy filing will stop a wage garnishment, as the other attorneys have noted. To add, any wages earned before the bankruptcy filing, but paid after the bankruptcy filing, may still be subject to garnishment, such as when your employer pays one or two weeks behind in the payroll. When filing bankruptcy, always be sure and notify your attorney that a garnishment is occuring.
This information is provided as general information only and is not legal advice. You should immediately seek the advice and consultation of an experienced bankruptcy attorney.