Legal Question in Credit and Debt Law in Florida

If you are in the process of filing for bankruptcy can a debt collections garnish your wages during the bankruptcy process? I'm filing for bankruptcy but I just received a summons from a debt collection agency stating that if I do not reply within a certain time they have the right to garnish my wages according to them


Asked on 8/24/11, 7:54 am

2 Answers from Attorneys
Philip Duvalsaint Philip A. Duvalsaint, PLLC

Once the bankruptcy is filed, you should file a document called a Suggestion of Bankruptcy in response to the Summons & Complaint. It will stay the proceeding pending the bankruptcy. You should discuss this debt with your bankruptcy counsel to determine what further steps to take to protect yourself.

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Answered on 8/24/11, 11:19 am
David Slater David P. Slater, Esq.

Until you actually file, they can.

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Answered on 8/24/11, 2:07 pm


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