Legal Question in Bankruptcy in California

Filing bankruptcy will temporarily stop the garnishment. If the debt is dischargeable under the Bankruptcy Code, the discharge order will prohibit future garnishments for this debt. If the debt is not dischargeable, stopping the garnishment by filing for bankruptcy is only temporary.

As mentioned above filing for bankruptcy can stop the wage garnishment, but it may only provide temporary relief if the debt is not dischargeable. Generally EDD unemployment benefits are dischargeable unless they involve fraud. The creditor would have to file and adversary proceeding to establish that the debt is in fact fraudulent in order for the debt not to be discharged in the bankruptcy. For further information on the dischargeability of EDD unemployment benefits visit: http://www.socaladvocates.com/blog