Bankruptcy Can Help Stop Wage Garnishment

wage garnishment

Bankruptcy Can Help Stop Wage Garnishment

Bankruptcy is a process and not a simple act. If your financial situation requires the filing of a bankruptcy case under Chapter 7 or 13, an experienced and qualified bankruptcy attorney can help you accurately review and carefully consider your options. An experienced and qualified bankruptcy attorney can help you throughout the entire lifespan of a bankruptcy case.

In most situations, an individual’s creditors cannot garnish his or her wages without first filing a suit in civil court and receiving a money judgment. As soon as the creditor receives a judgment, it can obtain a court order to garnish wages or a bank account.

A wage or bank account garnishment can cause serious financial problems since it reduces disposable income which is necessary to pay for necessities and recreation, thus reducing an entire household’s quality of life.

Filing a Chapter 7 or Chapter 13 bankruptcy case sets the automatic stay into effect in most cases. The automatic stay bars, stops, and enjoins collection activity by creditors, although there are exceptions. The automatic stay is triggered and takes immediate effect at the precise moment that a bankruptcy case is filed and receives a case number. Since wage garnishment is a collection action, it must stop once a bankruptcy case is filed. When an employer or financial institution receives notice of the case filing, it must immediately take action to stop a wage or bank account garnishment.

Lehman Franklin and Kimberly Ward are qualified and experienced bankruptcy lawyers who will ensure that notice of the bankruptcy case filing is given to the payroll department of the garnishee’s employer and all other necessary parties. Under certain conditions, wages and other monies garnished prior to the filing of the bankruptcy case may be returned to the debtor.

Protect your rights! Contact H. Lehman Franklin, P.C. today for a free consultation and case evaluation. Lehman Franklin and Kimberly Ward will give you the best representation possible in your bankruptcy matter. Our office is located at 127 North Main Street in Statesboro, GA (30458). We proudly serve Bulloch County, as well as the surrounding counties of Chatham, Candler, Evans, Bryan, Effingham, Screven, and Jenkins. Contact our office by telephone at 912-764-9616, by email at, or check us out online at We’re available to meet your legal needs Monday through Friday from 8:30 AM until 5:30 PM.

The capable and dedicated staff at H. Lehman Franklin, P.C. offers quality and capable support to the best legal representation available in the Statesboro and Savannah areas. Why hire just any lawyer to litigate your case when you can retain the services of an attorney with over 50 years of legal experience in the state of Georgia.