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Debt Relief – Insolvency – Bankruptcy Information » Bankruptcy Law » Will retaining a bankruptcy attorney stop my wage garnishment?

Will retaining a bankruptcy attorney stop my wage garnishment?

I have a lot of old debt from my younger years which I never took care of. I never could afford to either pay it off or to hire an attorney to file BK. Now I have 1 of the companies that just put in a wage garnishment for me and is taking about $50 a week, money which I need to be paying my daycare provider for my girls.

My wife and I have talked about getting an attorney, but we know we cannot afford to pay the full amount up front and that it may take a few months or so before we have the entire amount available to pay the attorney. I also know that you can just pay a retainer fee in most cases and they will start working on collecting information and such. I guess, my question is, if I pay the retainer fee for a bankruptcy attorney in Wisconsin where I live, will this put a hold on the wage garnishment or does the wage garnishment continue until we actually file?

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4 Responses to "Will retaining a bankruptcy attorney stop my wage garnishment?"

  1. wizjp says:
    Not until a judge reviews the debt; and that will take a few months AFTER you file.

    Hiring a lawyer won’t stall a garnishment

  2. Rapture says:
    Do this first.
    Google: National Foundation for Credit Councelling NFCC.org
    They are a non-profit. No cost to you. They could possibly give you advice
  3. Wealthadvisor says:
    Once you engage an attorney and pay the retainer fee, the attorney will file the proper papers to stop all actions against you. If you explain your situation to the attorney, most will allow you to pay 1/3 of the amount in the beginning, 1/3 when you are about half way through the process and 1/3 when the bankruptcy is discharged. Check with a number of different bankruptcy attorneys. They all have different payment systems.

    The law has changed on bankruptcy after October 17th, 2005, but you do not have to wait until the bankruptcy is discharged to have action against you stopped.

  4. Common Sense says:
    Hiring an attorney will do nothing. You must actually file bankruptcy.

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