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Can Bankruptcy Stop Garnishments on My Paycheck?

Jan. 26, 2023

Garnishments are one of the most punishing ways a debt can be collected. Out of nowhere, you get your check and it looks short.  You first think, hmm, was there an error by my payroll? Unfortunately, a past judgment from as long as a decade ago may be coming back and they have a right to garnishment 10 or 25 percent depending on whether you are head of household. This can be devastating.

Filing for bankruptcy can provide relief by stopping a garnishment due to the automatic stay which goes into effect immediately upon filing your case.  Normally, our office gets a garnishment release about 2 days after the bankruptcy is filed. .  When times are tough prior to a garnishment, having a large amount of your wages taken can be disastrous.  Thankfully, filing for bankruptcy case help ease that burden.

There are two main types of bankruptcy that can provide this protection: Chapter 7 and Chapter 13. In a Chapter 7 bankruptcy, you may be able to discharge (eliminate) the debt that is being collected through garnishment and stop the garnishment altogether. In a Chapter 13 bankruptcy, you can propose a repayment plan that includes the garnished debt and pay it off over time. This can allow you to keep more of your wages and avoid the financial strain of garnishments.

When navigating how to address a garnishment it is helpful to talk to a St. Louis Bankruptcy Attorney about your options.  Give our office a call anytime at 314-740-2989.