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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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.


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