Legal Question in Bankruptcy in Minnesota
My wages are going to be garnished on Friday. How can i stop this as we would not be able to pay for rent. I am a lower income family. If i file for bankruptys would this stop the garnishment right away.
2 Answers from Attorneys
If you file for bankruptcy a "stay" will be issued and the garnishment would stop. But that "stay" won't be in effect until you file the Petition.
Assuming this is an ordinary contract debt (not taxes, not student loan, not child support), a portoo of your wages is protected withough bankruptcy. The portion is 75% of your "gross minus amounts required by law to be withheld" or $290 per week, whichever leaves more for you.
If you have been a recipient of relief based on need in the prior six months, your wages are also protected.
A bankruptcy would almost certainly stop the garnishment, but it is only effective when actually filed with the court.
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