Wage Garnishment

If you are struggling with debt and having your wages garnished by a creditor, filing for bankruptcy can potentially stop the process and even allow you to retrieve some of your wages garnished prior to bankruptcy.

When an individual files for bankruptcy, an “automatic stay” begins, which is a period when collective action by creditors (including wage garnishment) is halted until bankruptcy has concluded. A creditor may ask the court to lift the automatic stay, however, particularly in cases involving domestic support obligations or non-dischargeable debt such as student loans, tax proceedings, and child support/alimony.

An automatic stay ends when you receive a notice of discharge or the stay is lifted by the court, and any creditors included in the discharge can no longer garnish your wages. However, some cases may be dismissed without discharges, meaning that wage garnishment may continue.

If you are struggling with wage garnishment, you have options. Contact an experienced bankruptcy attorney today for a free consultation and regain control of your finances.