Skip to main content

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

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?

+ Read More

Attorney answers 4


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!


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.


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.


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