Wage Garnishment

Many people who file for bankruptcy want to stop their wages from being garnished. We answer any questions you have about wage garnishment.

Can Filing Chapter 7 Bankruptcy Help Get Back Garnished Wages?

Many people who end up with a wage garnishment are already strapped for cash and can’t afford to have money taken out of their checks every week. Filing for bankruptcy is one of the ways to stop a wage garnishment.

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Steps to Take if a Debt Collector Sues You?

There are three steps you can take if a debt collector sues you. You can bypass all three by filing for bankruptcy.

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Can filing bankruptcy stop a debt collection lawsuit against me?

Yes, in many cases, a debt collection lawsuit is the exact reason why people file for bankruptcy relief.

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How much of my income can be garnished?

If a creditor is garnishing your wages for a judgment they have against you, then federal law says that the creditor can take no more than 25% of your disposable income, or the amount you earn that is greater than 30 times the federal minimum wage, whichever is less. 

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When will my wage garnishment stop after I file?

Wage garnishments stop immediately after you file but you should allow time for the court to notify your employer.

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Does bankruptcy help with wage garnishment?

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. 

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I have a judgement and my wages are being garnished. Should notice be sent to the creditor's attorney and the Sheriff?

Yes, you should send notice to the creditor or their attorney as well as to the Sheriff. Filing bankruptcy puts an automatic stay on all collections activities, including garnishments.

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How Can I Stop Florida Wage Garnishment with Bankruptcy?

Wage garnishment can be stressful and hurt your ability to recover from financial shocks. In Florida, there are laws that may be able to help you protect your income.

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How Can I Stop My Wages From Being Garnished?

Wage garnishment is a common problem for millions of Americans. It can be deflating to have your wages garnished. But you do have options to protect yourself.

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Legal Services Corporation
Robin Hood
The Upsolve Team
Harvard University
Fast Forward

Upsolve is a 501(c)(3) legal aid nonprofit that started in 2016. Our mission is to help low-income Americans in financial distress get a fresh start through Chapter 7 bankruptcy at no cost. We do this by combining the power of technology with attorneys. Spun out of Harvard Law School, our team includes lawyers, engineers, and judges. We have mission-driven funders that include the U.S. government, former Google CEO Eric Schmidt, and private charities.

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