Real legal protection when debt collectors are escalating.

If you’re dealing with wage garnishment, a lawsuit, or foreclosure pressure, the situation can feel urgent... and that's because it is. The good news is that bankruptcy is one of the few legal tools that can immediately pause most collection activity, through a federal protection called the automatic stay. 

At Lynn Law Group, we help individuals and families use Chapter 7 or Chapter 13 bankruptcy to stop, or attempt to stop, collection pressure and regain control. We are based in Fort Myers and serve clients throughout Southwest Florida, including Cape Coral, Lehigh Acres, Naples, Estero, and Bonita Springs, and we also handle cases regularly remotely across Florida.

Fast Answer: Can Bankruptcy Stop Garnishment, Foreclosure, and Lawsuits?

In many cases, yes filing a bankruptcy case triggers the automatic stay, which generally stops most collection actions, including lawsuits and many foreclosure-related actions and garnishments, subject to specific exceptions and court orders. 

Timing matters. The earlier you get advice, the more options you typically have, especially if:

• A lawsuit deadline is approaching;
• A bank account has been frozen;
• A foreclosure sale date is scheduled;
• Or a default judgment has already been entered.

What Creditors Can Do Once They Escalate in Florida

Creditors typically escalate in this order:

1. Collection letters / calls
2. Lawsuit filed
3. Default judgment (if you don't respond)
4. Garnishment (wages or bank accounts) under specific Florida procedures 

Florida law also contains important protections in certain situations, such as head of family wage protections, but those protections are not “automatic” unless properly asserted and documented. Whie someone may think they are "judgment-proof" like being on social security, that does not mean they are stress proof, or that wage protection = asset protection. Judgments do not expire, they lurk and lie in wait for the moment when circumstances change...more on this below.

Stop Wage Garnishment in Florida

If your paycheck is being taken, you need a plan and quickly.

A wage garnishment can disrupt housing, childcare, transportation, and basic stability. Bankruptcy is often used to pause garnishments through the automatic stay when appropriate. 

Florida wage protections

Florida provides strong wage protections for some people who qualify as “head of family” under Florida law. Under certain conditions, disposable earnings may be exempt from garnishment... especially when weekly disposable earnings fall below specified thresholds and proper procedures are followed. 

If you’re facing wage garnishment, a consultation should look at:

• Whether a judgment exists
• Whether head-of-family protections may apply
• Whether bankruptcy (Chapter 7 or 13) is the right tool
• Whether timing can prevent a default or additional collection steps

Stop Bank Account Freezes and Bank Garnishments

Why your funds can be frozen- even if the money is “exempt.”

In Florida, creditors with judgments can seek bank garnishments, and the process can result in your account being frozen, while notices and hearing rights play out.

This is why people feel blindsided:

Bankruptcy is often used as a fast legal tool to stop the collection machine and restore breathing room, depending on the facts of your case and timing. 

Stop Debt Lawsuits (Before They Become Judgments)

The best time to act is before a default judgment.

If you’ve been served with a debt lawsuit in Florida, ignoring it can lead to a default judgment, which can open the door to garnishment and other enforcement steps, your silence gives the creditor more power in that way.

A bankruptcy filing can often stop or pause ongoing lawsuit activity through the automatic stay, but your strategy depends on:

• The lawsuit stage (just filed vs. judgment entered)
• Whether you have defenses
• Whether you need Chapter 7 relief or a Chapter 13 plan 

Stop Foreclosure Pressure in Florida

Chapter 13 is often the “save-the-home” chapter.

If you’re behind on mortgage payments, Chapter 13 is often used to create a structured plan to catch up over time while receiving bankruptcy protections during the case, subject to court approval and lender motions. 

If a foreclosure sale date is approaching, your options can become time-sensitive. Early review matters. We have been able to complete emergency filings to stop foreclosure sales to allow the client to modify the mortgage or pay arrearages through the bankruptcy plan.



Do I Qualify for Chapter 7 Bankruptcy in Florida?

Serving Southwest Florida — and All of Florida Remotely for Bankruptcy Cases