Will Filing Bankruptcy Stop Wage Garnishment in Virginia?
A lot of clients come in because they’re being garnished and filing bankruptcy stops the garnishment the money will stop coming out of your bank account or the freeze on your bank account will stop and the money will stop coming out of your paycheck.
Filing bankruptcy before the return date on your garnishment summons which is that date the top right-hand corner will actually enable you to receive any garnished funds back. The question is how long does it take to get those funds back? Well, it really depends on the situation, if you file bankruptcy soon after your garnishment begins then chances are the money is still sitting with your employer. They haven’t sent it to the court yet. Employers will if a garnishment return date is three or six months out typically what they’ll do is they’ll take money out of your pay hold on to it and then send one or maybe two payments over those months to the court.
So if your employer’s still holding the money, then it’s easy. They can just release the funds to you. Where it gets a little more complicated is if they’ve already sent the funds to the court. If they’ve sent the funds to the court already, then there’s a couple of possibilities.
1. The court can send the money back to your employer that would be the best thing because then again your employer can just send a new check to you. Or the court may actually send it to the bankruptcy trustee in which case you’re gonna have to wait until we meet with the bankruptcy trustee for he or she to turn that check over to you. The meeting with the trustee is typically five or six weeks after your case is filed. So it can take that long to get your garnished funds back. Typically it doesn’t, it takes a less amount of time but it can take that long.
Our assistants here in the offices of Fisher-Sandler are skilled at contacting the courts then contacting opposing counsel to get wage garnishment stopped and get funds returned. Along with keeping in touch with the trustees to figure out where exactly your money is and how we can get your money back to you.
With bank garnishments again communicating with the bank will typically get the whole release if the money has already been sent to the court. Then it’s the same situation as a bank garnishment as it would be with a payroll garnishment. The important thing is to get your case filed in time to be able to get your funds back.
So feel free to give us a call at any time at Fisher-Sandler so we can go over the particulars of your situation and make an appointment for a free consultation.
8002 Discovery Drive, Ste. 422
Richmond, VA 23229
1930 William Street
Fredericksburg, VA 22401