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Benefit from the Experience of Attorneys Bill and Valerie Sherman Former Assistant Attorney General, Assistant County Attorneys and Magistrate Judge

Alpharetta: Will an Emergency Bankruptcy Stop a Wage Garnishment?

Question: I need to stop a wage garnishment immediately. I just got notice from my employer that my wages will be garnished. It is for a medical bill from a few years ago. I had to go to the hospital after I fell down walking on the street in Alpharetta. I went to the emergency room and was in the hospital for 3 days. I broke four bones and needed stitches. I didn't have insurance because I lost my job two months before.

Now I have a job I like and I'm worried about the garnishment. I don't want to be garnished. I really need my full paycheck for the mortgage, credit cards and my bills.

My wife doesn't work very much. She works part-time at a restaurant on Windward Parkway. They just cut her hours.

How can I stop the garnishment? And how fast can I stop my salary from being garnished? We live near downtown Alpharetta.

Answer: Medical bills are a frequent source of debt and garnishments. The way to stop a wage garnishment is to file bankruptcy. When a bankruptcy is filed, a garnishment must stop; the creditor cannot take your money

A bankruptcy can be filed quickly. If necessary, an "emergency bankruptcy" can be filed. An emergency bankruptcy, known as a "skeleton," can be filed with only a few pieces of information. However, the rest of the bankruptcy information must be filed within 2 weeks. If that deadline is not met, then the petition will be dismissed by the court.

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