How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds

Ask a Bankruptcy Lawyer

FiveStarLaw
FiveStarLaw, Attorney
Category: General
Satisfied Customers: 3317
Experience:  Bankruptcy Lawyer. Experienced.
9968427
Type Your Bankruptcy Law Question Here...
characters left:
Bankruptcy Lawyers are Online Now

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Garnishment and Bankruptcy Laws

What is garnishment?

Garnishment is the procedure of collecting past dues for accounts with the approval from the court of jurisdiction that is in the same community where the nonpayer lives. Normally, this process requires informing the nonpayer’s employer of the proceedings of the court and then requiring that the employer withholds a certain amount of the employee’s wages out of each pay check. The employer then sends the withheld money to the creditor, and the creditor uses this money to put on the unpaid balance that is due on the debtor’s account. Once the debt has been paid off, the garnishment is considered “fulfilled” and then the employer will be removed from the responsibility of withholding money from the employee’s pay check. Below are the most commonly asked questions about garnishment laws as they apply to bankruptcy.

What are the garnishment laws?

When someone’s paycheck is being garnished, the person has the right to receive some part of the paycheck under Federal Law. The Consumer Credit Protection Act provides these individual with the right to:
  1. 1. Not be fired because they have had money garnished for any type of debt;
  2. 2. No more than 25% can be taken out of someone’s paycheck for normal debts; and
  3. 3. Normally no more than 50% to 60% of a person’s extra money can be taken out because of child support, bankruptcy or even taxes.

If someone has a garnishment against another and this other person files bankruptcy and the bankruptcy is not removed, do you have to file a writ of garnishment in order to continue to garnish a person’s pay?

In many situations, you will need to simply renew the writ of garnishment, and then have the court approve of this. Once the bankruptcy had been filed and the garnishment gets removed, many people believe that it is best to have the State Court approve of this. Another option that is available would be to file a motion to the bankruptcy court to remove the automatic stay, but since in this case the bankruptcy was removed, this may not be possible. You can also contact the local sheriff’s office that enforced the garnishment and request that they continue with the collections without a court order.

What can someone to in order to stop garnishment?

There are two options that are available to someone in order to stop garnishment. One option would be to file for bankruptcy. When the bankruptcy has been filed, it would then immediately stop all garnishments that were in order. The second option would be to contact the creditor and discuss a settlement to where they will agree to dismiss the garnishment.

If someone’s bank got a levy garnishment and money is being held in the state court, if this person files for bankruptcy is it too late for this money to be returned to the individual if filed within 60 days?

If the money was retrieved by the creditor, and then someone filed for bankruptcy the process would stop all garnishments and all the money that was collected, but had not handed out to the creditor will be required to be returned to the individual who had filed for bankruptcy. What this means is that any garnishment that has been given to a creditor within 90 days of filing for bankruptcy is required to be returned to this person according to Section 522 11 U.S.C.

When falling into debt many individuals are unable to continue to pay off this debt, which can result in lenders enforcing garnishment from their pay checks in order to make sure that some sort of payment is being made. Often times when a person’s check is being garnished, they file for bankruptcy to clear out the debt and remove the garnishment order. These processes involve considerable legalities that can vary from situation to situation. It is always best to be aware of the law as it applies in your individual circumstances. Asking an Expert to evaluate your situation and provide legal insight is one affordable way of making sure you are on the right side of the law.

Ask a Bankruptcy Lawyer

FiveStarLaw
FiveStarLaw, Attorney
Category: General
Satisfied Customers: 3317
Experience:  Bankruptcy Lawyer. Experienced.
9968427
Type Your Bankruptcy Law Question Here...
characters left:
Bankruptcy Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Bankruptcy Lawyers are online & ready to help you now

FiveStarLaw
Attorney
Satisfied Customers: 3203
Bankruptcy Lawyer. Experienced.
Terry L.
Attorney
Satisfied Customers: 2204
Better Business Bur 15yrs bankruptcy experience. Chicago Bar
Phillips Esq.
Attorney-at-Law
Satisfied Customers: 950
B.A.; M.B.A.; J.D.

Recent Garnishment Questions

  • I was not able to pay my credit card debt and the credit cards

    I was not able to pay my credit card debt and the credit cards have turned this over to a collections agency. I still do not have the funds to pay - what can I expect to happen next?
  • My daughter in PA just filed Chapter 7 bankruptcy. Does she

    My daughter in PA just filed Chapter 7 bankruptcy. Does she need to pay any creditors listed in the bankruptcy while she is waiting on the court process?
  • I am currently selling a home I had been renting out for the

    I am currently selling a home I had been renting out for the past 2 years, I was transferred for work and am currently renting a place. A year and a half ago I went through a divorce which involved children and has unfortunately left me in a very poor financial state. I have been considering bankruptcy as I can really no longer make ends meet, my credit is destroyed and my bills are backing up further and further. I had listed the house for sale and have actually accepted an offer on it as per my real estate agent would net a very small income for myself but would atleast get out of the mortgage payment. Now the hidden fees are coming through and other payments I will have to make to complete this sale and is now looking like I may have to pay upwards of $4,000 to complete the sale which I do not have. If I was to declare bankruptcy with a pending sale on a property what will that do to all parties involved and is it even possible to do?
< Last | Next >
View More Bankruptcy Law Questions