Tap to Call - (877) 250-8242

Stop Wage Garnishment

Filing Bankruptcy puts an Immediate Halt to Wage Garnishment

Struggling with debt can often go from manageable to a tailspin in a heartbeat. One of the most common ways this happens is when a creditor wins a judgment and is allowed to start garnishing your wages.

Millions of Americans live paycheck to paycheck, just barely keeping their heads above water. When a creditor begins taking money directly out of that paycheck, it becomes difficult to keep everything afloat.

Luckily, there is a legal option against aggressive creditors. Bankruptcy is designed to stop creditor collection efforts, including wage garnishment. If your paycheck is getting "hacked", talk to a lawyer today about your legal options:

Wage Garnishment Laws and FAQs

Wage garnishment is often used by creditors that have no claim to property. For example, if you're behind on a mortgage, the bank may foreclose on your home and take it back; but without property to back up your credit card purchases or medical bills (for example), a creditor may file a motion in court asking for your wages to be garnished.

Depending on the amount of your debt, the court will assign a percentage of your paycheck to be automatically deducted and sent to the creditor. In some cases, wage garnishments may take more than half of your paycheck.

Each state has a limit on how much money can garnished, but often up to 25 percent of your disposable income could be taken. In cases of tax debt, much more could be taken out.

Speak to a Bankruptcy Lawyer Today

Can My Paycheck Be Garnished for My Spouse's Debts?

Yes. It’s possible that your paycheck could be used to payoff your husband or wife's debt.

Alternatively, that means your debts could also cause your spouse’s wages to be garnished.

In some states, debt and assets are shared by a married couple. In these cases, your spouse’s wages might be at stake even if the credit card and the debt are in your name (or vice versa).

Does My Boss Know if My Wages Are Being Garnished?

Your employer will be aware of the court order allowing the wage garnishment.

They are required by law to comply with the order and will be unable to stop the garnishment of your wages.

You are also protected by the law, which says that an employer may not fire you because your wages are being garnished.

What If I Change Jobs? Will My New Paycheck be Garnished?

Wage garnishment may not follow you from job to job.

Each garnishment is a separate court order and must name a specific employer. However, any severance pay or bonus pay you receive may also be subject to garnishment.

How Bankruptcy Stops Wage Garnishment

Wage garnishment will usually only stop if:

  • Your debts are settled
  • Bankruptcy’s automatic stay stops the action

In most cases, when you file bankruptcy you immediately receive the protection from the automatic stay. This is a powerful court order that puts a quick stop to all forms of collection for the duration of your case.

Wage garnishment, along with phone calls, letters, foreclosure and repossession, are all considered forms of collection.

Both Chapter 13 and Chapter 7 bankruptcy can stop wage garnishment.

In the case of a Chapter 13 bankruptcy, the garnishment will stop for several years as you work through your repayment plan. In a Chapter 7, each state’s exemptions provide protections against wage garnishment.

Stop Losing Money. Talk to a An Attorney Today

An attorney can listen to your individual case and determine whether you can file Chapter 7 or 13 to stop wage garnishment.

He or she can also explain how bankruptcy works and how it may affect your credit. Call now.

Tap to Call - (877) 250-8242

PAID ATTORNEY ADVERTISEMENT: THIS WEB SITE IS A GROUP ADVERTISEMENT AND THE PARTICIPATING ATTORNEYS ARE INCLUDED BECAUSE THEY PAY AN ADVERTISING FEE. It is not a lawyer referral service or prepaid legal services plan. Total Bankruptcy is not a law firm. Your request for contact will be forwarded to the local lawyer who has paid to advertise in the ZIP code you provide. Total Bankruptcy does not endorse or recommend any lawyer or law firm who participates in the network nor does it analyze a person's legal situation when determining which participating lawyers receive a person's inquiry. It does not make any representation and has not made any judgment as to the qualifications, expertise or credentials of any participating lawyer. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. The information contained herein is not legal advice. Any information you submit to Total Bankruptcy does not create an attorney-client relationship and may not be protected by attorney-client privilege. Do not use the form to submit confidential, time-sensitive, or privileged information. All photos are of models and do not depict clients. All case evaluations are performed by participating attorneys. To see the attorney in your area who is responsible for this advertisement, please click here, or call 866-200-8052.

FLORIDA ONLY: Total Bankruptcy is considered a lawyer referral service in the state of Florida under the Florida Rules of Professional Conduct. By all other standards, Total Bankruptcy is a group advertisement and not a lawyer referral service.

If you live in Mississippi, Missouri, New York or Wyoming, please click here for additional information.

By an Act of Congress and the President of the United States, we are a federal Debt Relief Agency. Attorneys and/or law firms promoted through this Web site are also federally designated Debt Relief Agencies. They help people file for relief under the U.S. Bankruptcy Code. Disclosures Required Under the U.S. Bankruptcy Code.