Legal Question in Bankruptcy in Ohio

Does Plaintif have to stop Garnishment?

My Ex-Renters had stiffed me and i went through the eviction process, i received a judgement and filed the garnishment, now i received a notice in the mail that they where filing for bankruptcy. do i have to go to the court and stop the garnishment, which by the way i filed maybe 3 weeks before i got their bankruptcy notice,so i haven't received anything from them yet. if i have to stop garnishment will i be able to resume it at a later point? because u can't discharge a judgement? i hope you can give me an answer... thank you in advance.....nicky


Asked on 7/05/01, 10:23 am

1 Answer from Attorneys
Frank Rozanc Frank J. Rozanc, Esq.

Re: Does Plaintif have to stop Garnishment?

The automatic stay in bankruptcy suspends all legal action against the debtors while the bankruptcy is going on. You should send a copy of the notice to the court. If you continue a suit after notice of the stay, you could be liable to the debtor for damages. Consult an attorney about getting the stay lifted for your judgment. The stay will not prevent you from collecting any wages already garnished. If the judgment is discharged, then there's nothing more you can do to collect it.

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Answered on 7/05/01, 12:24 pm


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