when should NJ garnishment stop

[bkchris]

Filed Chapter 7 three weeks ago. Should garnishment(s) stop as of the day of filing or the date of discharge. Will the garnishing attorney take action to stop it or do I need to notify/serve my employer with the filing? TIA

[lrprn]

Garnishments should stop as of your filing date, but internal processes at the creditor who got the garnishment and your employer may stall that. You are supposed to get any $$ taken after filing, although that could take some months to happen.

You can ask your lawyer to send an official letter to your employer stating you filed bk and that all garnishment should stop after your filing date. However, even with this letter, some employers will still not stop the garnishment until they receive official confirmation from the court to do so.

Do be prepared for the garnishment to continue for a bit until the notice that you filed winds through all the places it has to go. If the garnishment continues for more than two pay periods, then get your lawyer on it right away. And be sure that your lawyer insists that the money taken out of your check after filing be returned to you in full.