Can I file bankruptcy to stop a garnishment?

UPDATED: Aug 25, 2011

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Can I file bankruptcy to stop a garnishment?

I have a court judgement on my checking account. The firm with the judgement has taken everything I had in the bank. Now they want to garnish my pay check up to 25%.

Asked on August 25, 2011 Florida


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Filing bankruptcy will stop a wage garnishment.  When you file bankruptcy, you should list all of your creditors.  The bankruptcy is effective when it is filed with the court.  The court then sends notice of your bankruptcy filing to all of the creditors you have listed in the bankruptcy.  It would be advisable to speak with a bankruptcy attorney regarding the various procedures you need to follow in order for your bankruptcy to be completed correctly and filed.  The bankruptcy attorney can help you complete the bankruptcy forms. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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