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.


Asked on 10/23/09, 1:15 pm

2 Answers from Attorneys

Adam Kaufman Jensen Sondrall & Persellin, P.A.

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.

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Answered on 10/28/09, 1:22 pm
Sam Calvert Calvert Law Office

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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Answered on 10/28/09, 1:43 pm


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