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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 38566
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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I just got a garnishment judgement for 25% of my pay. I am

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I just got a garnishment judgement for 25% of my pay.
I am planning to claim bankruptcy. Will that start the garnishment t?
A bankruptcy will terminate the garnishment permanently -- if the underlying debt is for a breach of contract or an ordinary loan default. If the underlying debt is based upon a fraud, criminal restitution, a student loan, or taxes, then the garnishment may commence again after the bankruptcy is discharged -- but otherwise, the bankruptcy will end the issue forever.

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Customer: replied 4 years ago.
At what point in process will garnishment stop being taken out of my check?
If you file for bankruptcy, then garnishment must stop immediately, as soon as you notify the judgment creditor, sheriff and the garnishee that the petition is filed.

Hope this helps.

NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation.

If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!

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