Can Wage Garnishment Be Stopped Through Bankruptcy?

  • Wage Garnishment

Can Wage Garnishment Be Stopped Through Bankruptcy?

Call: 888-297-6203

Most people live their lives on loan. They are accustomed to using their credit cards for everything they buy. However, many times, being unable to pay off the amount due, they end up in debt. When the debt piles up, you might have to face severe consequences like threatening phone calls and even wage garnishment. The latter is a court order through which the creditor will receive money from your paycheque. Your employer is compelled to deduct the specified amount and pay the creditor. This continues till the due is cleared. However, Dallas based bankruptcy law firm Recovery Law Group says that there are limits to how much money can be garnished from the paycheque.

How does wage garnishment work?

For a creditor to garnish wages from your paycheque, they need judgment from the court. After obtaining the judgment order, the creditor needs to file a Motion for Continuing Writ of Wage Garnishment in the court. This will result in them obtaining the Continuing Writ of Garnishment Against Salary that is provided to your employer. On receiving the writ, the employer gets 20 days to respond to the court affirming whether they are your employer or not. Additionally, they also need to inform the frequency of your pay period and the amount of your wages. The writ tells the employer how much money would be withheld from your wages and where that money needs to be sent. Most debts require a wage garnishment order from the court, except when the debt is related to student loans, income tax or child support.

How can you stop wage garnishment?

Every state has different rules related to bankruptcy. The household exemption can be used to stop wage garnishment if you give more than half of child or dependent support. If this option is not available to you, then bankruptcy is the way out to prevent wage garnishment. Filing for bankruptcy results in the automatic stay which stops all collection actions including wage garnishment, except in case of certain debts like back-owed child support. The automatic stay continues to be in place till you get a bankruptcy discharge, or the case is dismissed. The automatic stay can also be removed if the creditor gets court permission for continuing wage garnishment. If you get a discharge and the debt for which wages were being garnished is discharged, then you will no longer have to face wage garnishment.

If you are facing something similar and don’t know a way out, you should consult with bankruptcy lawyers immediately. Call 888-297-6023 and experienced bankruptcy lawyers will provide you with the essential help required to save your wages from being garnished by creditors.