It’s almost never too late for Bankruptcy to stop a Judgment or Garnishment
I am often asked questions about whether or not it is too late to file bankruptcy to wipe out a judgment or garnishment. Common questions include:
- Will a bankruptcy wipe out a judgment?
- Is it too late to file bankruptcy if I have already been sued?
- Once my wages are garnished at work, is it too late to stop it?
- Once a judgment is rendered and “it has already been to court,” can I still file bankruptcy?
- My bank account has been garnished and frozen. Will a bankruptcy help me?
Most of the time, the answer to these questions is positive: Bankruptcy will stop, or at least prevent any further damage against the person being sued. Naturally, filing bankruptcy before a garnishment or judgment is rendered is the best way to go. But, for most cases, it is not too late. Your optimal course of action is to personally meet with a qualified bankruptcy attorney and find out exactly what your real options are.
Lawsuits happen in stages. First, a Petition is filed with the Court. Then, the Defendant has an opportunity to respond, normally up to 30 days. Assuming there is no response, a default judgment is ordinarily obtained. After that, the Plaintiff looks for something to garnish, like a bank account or a paycheck. In some cases, a lien is placed against the Defendant’s real estate. Although much less common, sometimes a Sheriff is sent out to repossess vehicles and other assets from the Defendant.
Bankruptcy can and does STOP a lawsuit, judgment or garnishment at whatever stage it is at. In the majority of bankruptcy cases filed, the damage can be undone. In the worst case scenario, the bankruptcy will help reduce the severity of the judgment. Keep in mind that bankruptcy is very powerful medicine. There is absolutely nothing stronger and more protective than the automatic stay (protective shield) that gets created when a bankruptcy is filed. The bankruptcy automatic stay is your best friend, your protection and financial life saver!
Bankruptcy advice is widely available and FREE
Unlike most other areas of law, bankruptcy consultations are 100% free in most cases! Not all offices are the same and not all attorneys offer truly FREE consultations, but it is common to meet personally with an experienced bankruptcy attorney for the first visit with no obligation and at no cost whatsoever. If you are faced with a potential or existing financial problem, including a lawsuit, judgment or garnishment, and would like to check out your options in a confidential way, please contact us today!