Yes. Both Chapter 7 and Chapter 13 bankruptcy filings will stop garnishments, unless the garnishment is related to child support obligations.
The first step is to file your bankruptcy petition. The second step is for your attorney to notify your employer and opposing counsel of your bankruptcy filing, which gives them the notice that is required under Federal Bankrutpcy law. It is impossible to predict how long it will take for a garnishment to stop. It can be as quickly as your next check, or as long as a few months. The reason for the delay is because you and your attorney are relying on other people to feel the urgency to restore your full paycheck.
The lesson here is -- meet with a bankruptcy attorney before your check is garnished, and formulate a plan to get your petition filed as quick as possible to protect you from your creditors.
(404) 680-7010 l Van Wieren Law Firm, LLC l Atlanta Bankruptcy Attorney
