One of the benefits of filing for bankruptcy is that creditors can no longer contact you in any way, shape or form, to collect debt. It doesn’t matter how much you owe or for how long you’ve owed it, once you file for bankruptcy protection, you’re off limits to collectors. In fact, if a creditor violates the automatic stay, you can sue them.

The reason bankruptcy does this is because of the automatic stay. The automatic stay is a provision that protects debtors who are in the bankruptcy process. The automatic stay helps stop evictions, lawsuits, foreclosures, or loss of benefits due to wage garnishment. It can also stop your utilities from being cut off for at least 20 days.

The automatic stay can’t provide protection against criminal proceedings, tax proceedings, or collection of child support. Your creditors can petition the court to lift the automatic stay if they believe they have sufficient reason to continue the collection process, or if you’ve filed for bankruptcy within the past year.

Over the past 34 years, the Law Offices of Christopher A. Benson has helped over 2,300 of Washington clients take control of their financial situation. We can review whether bankruptcy may help stop your garnishment and address your debts through a repayment plan. Sources: 11 U.S.C. § 362(a)–(d); U.S. Courts: Chapter 13 bankruptcy. If money has already been garnished, recovery may be possible in some cases, depending on the timing of the transfers, applicable exemptions and other legal requirements. A refund is not automatic or guaranteed. Sources: 11 U.S.C. § 547(b)–(c), (e)–(g); 11 U.S.C. § 522(g)–(i); 11 U.S.C. § 550(a). But you have to act quickly–call (253) 815-6940 for your free consultation, or email us today. Evening and weekend appointments available.