Does bankruptcy help with wage garnishment?

3,729 families have filed bankruptcy using Upsolve

In a Nutshell

In many cases, yes. If you were sued for your credit card or medical debt, and your wages are being garnished as a result of this lawsuit, then bankruptcy can stop wage garnishment. The same may apply to older tax debts. 

Written by Attorney Andrea Wimmer.  
Updated July 22, 2020

Yes! The automatic stay that goes into effect when a bankruptcy case is first filed stops a garnishment. The garnishing creditor has a duty to make sure none of your future paychecks get garnished ever again. Find out the best steps to stop a wage garnishment after a bankruptcy filing here. The only exception to this broad rule deals with domestic support obligations. If your wages are getting garnished to pay for current or past due child support, that garnishment may continue.

About the author
Attorney Andrea Wimmer

Andrea practiced exclusively as debtors’ counsel in consumer chapter 7 and 13 cases for more than 10 years before joining Upsolve, first as a contributing writer and editor and ultimately joining the team full time in August 2019. While in private practice, Andrea handled all ban... read more

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Upsolve is a 501(c)(3) nonprofit that started in 2016. Our mission is to help low-income families who cannot afford lawyers file bankruptcy for free, using an online web app. Spun out of Harvard Law School, our team includes lawyers, engineers, and judges. We have world-class funders that include the U.S. government, former Google CEO Eric Schmidt, and leading foundations. It's one of the greatest civil rights injustices of our time that low-income families can’t access their basic rights when they can’t afford to pay for help. Combining direct services and advocacy, we’re fighting this injustice.

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