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Stop Wage Garnishment after filing?

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    Stop Wage Garnishment after filing?

    I just found out from my employer that they have an order to begin garnishing my wages. That is the catalyst for me to finally file. I know that the automatic stay goes into effect immediately after I file (or emergency file if necessary) but what actually stops my employer from taking the money out of my paycheck next week?

    I mean, I can just tell them not to do it i guess, but how do they get officially notified? Their original order came from the law firm that got the judgment from the court. But I don't think the court even knows who my employer is, so how do they find out not to take my wages?

    Thanks for your help!

    I'll have lots more questions in the near future. (Also, please don't ask me to consult my lawyer because I called around and determined I can't afford to hire any local attorneys -- hell I don't even have the cash on hand to pay the court yet)

    #2
    The creditor must inform your employer to stop garnishment, so send the creditor a copy of the bankruptcy notice as soon as you receive it. It might be that if you show your bankruptcy notice to your employer, they will stop the garnishment, but I don't think they have to until they hear from the creditor.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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      #3
      Thank you (again) for your help I was really curious how that worked!

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        #4
        This question may belong elsewhere, but since its related to my original question I'll just bump my own thread:

        I'm filing out my matrix list of creditors. So far I've got most all of the collections agencies that have mailed me something in the last year listed; I presume I still need to list all of the original creditors as well, even if they've written off and sold the debt to the creditors, correct?

        Furthermore, in the case of this wage garnishment that I'm trying to stop, do I just list the creditor who sued me in the list of creditors, or do I include the law firm on the letter head that sent the notice to my employer?

        Is there such a thing as listing too many people? or should I just cover my basis and including every address I can find for everyone?
        Last edited by micahCT; 08-17-2015, 07:43 PM.

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          #5
          I just consulted my Nolo book and answered my own question about adding every random law firm that's stuck their name on a document. It says to just add them. I guess I"m still not sure if I'm supposed to include creditors that I don't plan on discharging, like my auto loans or student loans?

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            #6
            You have to list all your creditors. Secured creditors are included on special forms and you need to file a statement of intent on what you will do with your car.

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