Oct. 5, 2012
-- Most wage garnishments in California can be stopped or prevented through chapter 7 or chapter 13 bankruptcy. There are some exceptions to this rule such wage garnishments in result of child support payments.
Under the Federal Rules of Bankruptcy an automatic stay is in place when we file your bankruptcy petition. This means that no collection actions can be taken against you. Our office will notify the sheriff's department and your payroll of the bankruptcy. This is done in order to stop the wage garnishment from taking place or to stop it permanently. An emergency bankruptcy filing can also be done if you need a garnishment stopped immediately.
Once the bankruptcy has been filed and your payroll and the sheriff's department have notice. The sheriff's department will notify your payroll to stop the garnishment. At this point all wage garnishments must cease. Any money the sheriff's department currently has that was transferred to them before your filing, will be held until instructed to release the funds from either the creditor or the bankruptcy court. Furthermore, if your wages that have been garnished the last 90 are equal or greater then $600.00 we may be able to recover those funds for you.
For information to stop a wage garnishment, please go to: oc-bankruptcylaw.com/
california/ to find out more on what you could do