About the Bankruptcy Automatic Stay The automatic stay is an injunction that stops wage garnishment, foreclosure proceedings, repossessions, lawsuits, and all other collection activities against the debtor. The stay takes effect immediately after the petition is filed. The stay is automatic, meaning you don’t have to wait for a hearing or any paperwork from the court – the stay is effective immediately. Being a versatile Charleston South Carolina bankruptcy attorney, I can make sure wage garnishments are stopped immediately upon filing your petition. The Bankruptcy legislation which deals with the automatic stay in South Carolina was written to allow the debtor the time he or she needs to get their finances in order, get their life back on track and take advantage of the whole purpose of filing bankruptcy, which is to give the debtor a fresh start. The protection offered by the automatic stay is exactly the intent the legislature had in mind when writing the bankruptcy laws. As your bankruptcy lawyer I make sure you are afforded this protection. The automatic stay prevents creditors from contacting the debtor to demand payment by letter, phone or any other means. Whether you live in Charleston South Carolina or anywhere else, if the creditor violates this stay, he is in violation of U.S. Bankruptcy laws and the Fair Debt Collection Practices Act. Repercussions against the creditor can be severe if they willfully and intentionally try to collect after you file. Creditors are not allowed to contact you for any reason – none. As your bankruptcy attorney, I will make sure they stop calling you. Creditors cannot start a lawsuit against you after you file bankruptcy, cannot ask you to secure an old debt, cannot attempt to enforce judgments against you, cannot conduct a scheduled foreclosure sale, cannot perfect liens against your property, cannot repossess collateral that is estate property, or direct any employer to continue wage garnishments.