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Judgments & wage Garnishments stopped when file bk????

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Anonymous
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Judgments & wage Garnishments stopped when file bk????

Are Judgments & wage Garnishments stopped when someone files for bk?

 

I was reading online that it's possible to enforce a judgment if it takes place 90 days before a bk is this correct for a ch. 7 bk?

 

Does anyone know how long it takes to get sued by a creditor? I live in California Thanks!

 

 

Message 1 of 3
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Anonymous
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Re: Judgments & wage Garnishments stopped when file bk????

Wow- this is a popular question! I just posted the same on the general credit issues board. Might check that one for answers, too.
Message 2 of 3
granny031350
Established Contributor

Re: Judgments & wage Garnishments stopped when file bk????

all collection activity is halted by the automatic stay that is put in place the second you file.  Now it takes a day or so to get the notices mailed out to your creditors so after about 2 weeks it is illegal if they try to collect on any debt that is listed in your bk.
 
that goes for judgments and garnishments.  If money is taken AFTER filing, they will be in contempt of court and will have to return it to the trustee or your lawyer and they give it back to you.
 
To collect the creditor has to motion the court to lift the auto stay
 
after discharge, the stay against collecting on that debt is permanment.
Message 3 of 3
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