Stop Garnishment Attorneys in Atlanta, Georgia

Bankruptcy acts to stop garnishments because creditors cannot make any collections efforts upon the filing of a Chapter 7 or Chapter 13 bankruptcy. When a creditor obtains a judgment against you, the creditor may be able to garnish your wages directly through your employer and take up to 25% of your pay check each pay period. Creditors may also be able to garnish your checking and savings accounts directly and take everything in your accounts to satisfy your debts to them.

When debtors hire the attorneys at The Law Offices of Betty Nguyen Davis to stop a garnishment, we file the bankruptcy as soon as possible and notify the creditor who is garnishing the debtor of the bankruptcy filing. The creditor is required to stop the garnishment action. If the creditor has already garnished your pay check, you may not be able to recover the money already taken. However, future wage garnishment should stop. You will probably want to contact your human resources or payroll manager to ensure that they are aware that you have filed bankruptcy to stop the garnishment.

When a creditor files a bank garnishment, your bank will place a hold on your account. The bank is required to answer the creditor’s garnishment action, so if you file bankruptcy before the answer is due, you may be able to stop the creditor from taking the funds in your account.

If a creditor filed a wage or bank garnishment against you, then the creditor likely also filed a lien against you that is known as a Writ of Fieri Facias (“Fi Fa”). A creditor files the Fi Fa in the county in which you reside, and the Fi Fa attaches to all property that you own. When you file bankruptcy, you can ask the court to extinguish the lien if you have no unexempt equity in any property. If you have any further questions about garnishments please call The Law Offices of Betty Nguyen Davis at (404) 593-2620 or contact us on the web for a free consultation with an attorney.