What Happens to Garnishments?

Fortunately, Texas is one of the rare states in which garnishments of your pay checks do not exist - they are not allowed. Once your check inters your bank account, it is another story entirely. When a bankruptcy is filed, regardless of the chapter, the courts impose an "Automatic Stay" Order. This Federal order makes it illegal for a creditor to proceed with any collection activities against the filer. If a garnishment seizure of monies is pending, then it cannot been be enforced forced after filing. If a continuing money or property seizure the garnishment is already in effect, then it must cease as of the date of filing. Monies seized in error after the bankruptcy filing (therefore in violation of the automatic stay) must be returned to the debtor.