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.

6 simple steps to stop wage garnishment with bankruptcy

While this may sound like a scary process, you're mostly acting as the middle man, making sure that everyone is on the same page and is doing what they need to, so your next paycheck is not garnished again. Ultimately, if the creditor fails to take the necessary steps to stop the garnishment, you can ask the court to sanction them. The creditors - and their attorneys - know this and generally don't want to get called into court to explain their actions.

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How to get back wages that were garnished before your bankruptcy was filed

In some cases, you may be able to get back some of your garnished wages. If the garnishment occurred 90 days before you filed bankruptcy then you could be entitled to the money they took from your paychecks if you have an exemption you can claim. Read this article to learn more about this possibility.

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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?

In most cases, yes. In fact, facing a possible judgment or receiving one in a debt collection case is often why you might decide to file for bankruptcy. A debt collection lawsuit is a civil lawsuit (not criminal). These most often occur if a creditor has filed a suit against you for non-payment of a debt which may lead to the creditor garnishing your paycheck.

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Will Bankruptcy Stop Wage Garnishment?

Wage garnishment is a tool used by creditors to collect their debts through the court. Filing for bankruptcy will not only temporarily solve your wage garnishment problems, but potentially eradicate them altogether.

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When will my wage garnishment stop after I file? What should I do to make sure it stops?

Wage garnishments have to stop immediately once your case is filed but you should allow time for the creditor to provide your employer with the necessary paperwork to actually cause the stop. If your case is filed the day before your next payday, chances are you're paycheck will still be garnished, as the payroll has already been processed. However, you'll get that money back.

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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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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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How to Stop Wage Garnishment with Bankruptcy in New York?

If you live in New York and your wages are being garnished, bankruptcy may be able to help you keep your paychecks and stop wage garnishment.

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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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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.

To learn more, read why we started Upsolve in 2016, our reviews from past users, and our press coverage from places like the New York Times and Wall Street Journal.