Lawsuits and garnishments

Being sued or garnished? Bankruptcy can stop it.

Most collection lawsuits and wage garnishments stop the day a bankruptcy case is filed. For many people, the case ends the lawsuit for good.

Lawsuits

How bankruptcy stops a lawsuit

When your case is filed, the automatic stay works like a restraining order against your creditors. Most collection lawsuits have to stop where they are.

Whether the lawsuit goes away for good depends on the debt. If it's the kind bankruptcy erases, such as a credit card, medical bill or personal loan, there's nothing left to fight over once you receive your discharge.

If the debt can't be erased, Chapter 13 can still give you an affordable way to repay it while you deal with everything else.

Don't ignore court papers

If you've been served with a lawsuit, there's a deadline to respond. Ignoring it usually leads to a judgment, and a judgment can lead to garnishment. Call us when the papers arrive.

What filing stops

Protection from the day you file

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Wages

Wage garnishments

Your employer is told to stop withholding. In some cases, money taken shortly before you file can be recovered.

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Bank accounts

Bank levies

Filing stops a creditor from freezing or emptying your bank account to collect a judgment.

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Court cases

Collection lawsuits

Most lawsuits to collect a debt stop, and many end entirely once the debt is discharged.

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Read more in our article on wage garnishment in Ohio.

Common questions

Lawsuit and garnishment questions

How fast does a garnishment stop?

The stay takes effect the moment your case is filed. It can take a pay period for your employer's payroll to catch up, so we notify everyone right away.

Will I get back money that was already garnished?

Sometimes. It depends on the timing and the amount, so it's worth asking as soon as possible.

What if I'm being sued by a debt buyer?

Debts bought by collection companies are treated like any other unsecured debt. Bankruptcy usually stops the lawsuit and erases the debt.

Do child support or tax garnishments stop too?

Support orders generally continue. Tax and student loan garnishments are handled differently, so bring the paperwork to your consultation.

Get your paycheck back

The sooner we talk, the more of your money we can protect.

Book a free consultation
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