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Garnishment and Levy

One of the ways a creditor can collect on a debt is to take money out of a debtor’s wages or bank account. A creditor can only garnish wages or levy a bank account if they have obtained a judgment against the debtor. (Although law firms that are collecting a debt can attempt to get a pre-judgment levy or garnishment). A bankruptcy will stop a garnishment and could stop a creditor from obtaining the money if they file a levy and a bankruptcy case is filed before the bank gives the money to the creditor. Also, a debtor may be able to get some or all of the money that has been taken within 90 days of of the bankruptcy filing.

 

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