How can I stop a garnishment on my wages? 51 Answers as of July 03, 2013

How can I stop a garnishment on my wages? Can I use a bankruptcy?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Bankruptcy will stop the garnishment.
Answer Applies to: Washington
Replied: 1/20/2012
Law Office of Asaph Abrams
Law Office of Asaph Abrams | Asaph Abrams
Within certain limitations, bankruptcy is designed to stay garnishments and ultimately discharge the underlying debts. This answer (as well as our Web site) doesn't address all facts & implications of the question; it's general info, not legal advice to be relied upon; it creates no attorney-client relationship; it may be pertinent to CA only; it's independent of other answers. Hire legal counsel before acting or refraining from bankruptcy/legal action.
Answer Applies to: California
Replied: 1/5/2012
Law Office of Susan G. Taylor
Law Office of Susan G. Taylor | Susan G. Taylor
A bankruptcy will very likely stop the garnishment, if the underlying debt is unsecured, nonpriority debt that is not a student loan.
Answer Applies to: Texas
Replied: 12/5/2011
Heupel Law
Heupel Law | Kevin Heupel
Bankruptcy will immediately stop a garnishment.
Answer Applies to: Colorado
Replied: 12/5/2011
The Law Offices of Katie M. Stone
The Law Offices of Katie M. Stone | Katie M. Stone
Yes, a bankruptcy will stop a wage garnishment. I would consult with an attorney before you file a bankruptcy only to stop a wage garnishment. Bankruptcy is very detailed and complex. Most bankruptcy attorneys will offer a free initial consultation. I hope you found this answer useful.
Answer Applies to: Florida
Replied: 12/5/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    Filing bankruptcy automatically stops wage garnishments. Notice, however, should be given to the creditor, the employer and the marshal's office.
    Answer Applies to: California
    Replied: 12/1/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    The filing of a bankruptcy petition in court creates an "automatic stay" against collection that immediately stops garnishments.
    Answer Applies to: Indiana
    Replied: 12/1/2011
    Eranthe Law Firm
    Eranthe Law Firm | Cate Eranthe
    Yes a bankruptcy will stop a garnishment unless it is for family, spousal or child support. You may also stop garnishments or get a reduction by filing for a hardship.
    Answer Applies to: California
    Replied: 11/30/2011
    Weig Law Firm, LLC
    Weig Law Firm, LLC | Paul H. Weig
    Filing bankruptcy automaticall "stays" or halts all collection activity. It will stop a garnishment. Unless you need to file because the total debt load is so great, it may not be the best way to stop a garnishment. Your wages may be exempt from garnishment if you receive government assistance. The creditor's atorney may have made some errors that would give you a right to sue them for violating the Fair Debt Collection Practices Act. The creditor may be willing to negotiate a lower payment amount.
    Answer Applies to: Minnesota
    Replied: 11/30/2011
    Paul Stuber, Attorney at Law
    Paul Stuber, Attorney at Law | Paul Stuber
    Yes, if you qualify for a bankruptcy. As soon as you file you can let payroll know and they must stop the garnishment.
    Answer Applies to: Colorado
    Replied: 11/30/2011
    Charles R. Nettles - Attorney at Law
    Charles R. Nettles - Attorney at Law | Charles R. Nettles
    A bankruptcy will stop it but considering Texas law it probably won't stop it forever. In Texas, your wages can only be garnished for payment of child support, IRS taxes and/or student loans. Bankruptcy cannot stop child support garnishment. A bankruptcy will stop IRS garnishments but most taxes are not dischargeable so you would have to go into a reorganization style bankruptcy to pay back the IRS. The same is true of student loans but because of the amount of money usually involved it is extremely difficult to come up with a plan to pay them off within 5 years.
    Answer Applies to: Texas
    Replied: 11/30/2011
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Yes, bankruptcy will stop the garnishment and will discharge the debt. If you own a home, then you will also have to "avoid the lien" during the bankruptcy to remove the lien that the judgment will have left on your home.
    Answer Applies to: New York
    Replied: 11/30/2011
    Ruiz Law Group, P.C.
    Ruiz Law Group, P.C. | Frances Ruiz
    Yes a bankruptcy will stop a garnishment.
    Answer Applies to: New York
    Replied: 6/2/2013
    Mazyar Hedayat and Associates
    Mazyar Hedayat and Associates | Mazyar Malek Hedayat
    To stop a wage garnishment you must attack the underlying judgment or file bankruptcy. The filing of a bankruptcy petition causes an automatic stay to issue against all creditors. And since wages can only be garnished per Court order, and Courts only issue judgments when there is proof of service on the defendant, reopening the case will probably not do much good anyway. That means bankruptcy is most likely your best option. Contact a qualified Attorney in your area to learn more.
    Answer Applies to: Illinois
    Replied: 11/30/2011
    Lindsey Scott and Associates | Lindsey Scott
    Generally, the filing of Bankruptcy will stop a garnishment.
    Answer Applies to: Louisiana
    Replied: 11/30/2011
    Law Offices of Michael J. Berger
    Law Offices of Michael J. Berger | Michael J. Berger
    Filing Bankruptcy stops wage garnishments. Before you file bankruptcy, make sure that bankruptcy is the best alternative for you. The easiest way to do this is to set up a free consultation with a certified specialist in bankruptcy law and discuss the facts of your matter in detail with him.
    Answer Applies to: California
    Replied: 11/30/2011
    Law Office of John C. Farrell, Jr.
    Law Office of John C. Farrell, Jr. | John C. Farrell, Jr.
    You should attempt to do a payment arrangement which is also known as a voluntary garnishment. You will likely need to give financials and a budget to the attorneys. On the other hand, the creditor can only take so much because Federal and state laws protect you - there are also exemptions that you need to be aware of.
    Answer Applies to: Massachusetts
    Replied: 11/30/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Yes that is what bankruptcy is for.
    Answer Applies to: California
    Replied: 5/31/2013
    Athena Legal, LLC | Athena Inembolidis
    Yes! A bankruptcy is a great way to stop a garnishment on your wages. Once you file a bankruptcy, the automatic stay goes into effect which stops creditor actions. Even if your garnishment has started, it must stop after your bankruptcy is filed. However, this does not apply to child support payments.
    Answer Applies to: Ohio
    Replied: 11/30/2011
    Park Law Offices LLC | Kevin Parks
    A bankruptcy can put a halt to creditors and garnishments, depending on what the underlying debt was for. You should contact a bankruptcy attorney to go through your options.
    Answer Applies to: Oregon
    Replied: 11/30/2011
    Weber Law Firm, P.C.
    Weber Law Firm, P.C. | William Weber
    Yes. A bankruptcy filing will immediately stop the wage garnishment. You may be able to discharge all of it without payment, or pay back some or all of it in a bankruptcy plan, depending on the character of the debt.
    Answer Applies to: Texas
    Replied: 11/30/2011
    Cohen & Kendziorra, P.A.
    Cohen & Kendziorra, P.A. | Robert S. Cohen
    Yes. the second you file bankruptcy all collection activities including the garnishment of your wages have to cease immediately.
    Answer Applies to: Florida
    Replied: 11/30/2011
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    Yes, bankruptcy will stop it right away.
    Answer Applies to: Florida
    Replied: 11/30/2011
    Law Office of Harry L Styron
    Law Office of Harry L Styron | Harry L Styron
    It depends on what the garnishment is for. If it is for child or spousal support or taxes you cannot stop it with a bankruptcy. If it is for an ordinary debt on which a creditor has successfully sued you, then a bankruptcy will stop it.
    Answer Applies to: California
    Replied: 11/29/2011
    Gregory J. Wald, Attorney at Law
    Gregory J. Wald, Attorney at Law | Gregory J. Wald
    Bankruptcy stops wage garnishment immediately upon filing.
    Answer Applies to: Minnesota
    Replied: 11/29/2011
    Tony M. May Attorney At Law
    Tony M. May Attorney At Law | Tony M. May PC
    If you file a bankruptcy petition and give your employer and the party garnishing your wages notice of the filing of same, the garnishment should stop. The key is to go and see if you qualify for bankruptcy and, if you do, to get the petition prepared and filed as soon as possible.
    Answer Applies to: Nevada
    Replied: 11/29/2011
    Selleck Legal, PLLC
    Selleck Legal, PLLC | Stacey Selleck
    Bankruptcy is an effective way to stop a wage garnishment. If you believe bankruptcy is an option for yourself you should contact an attorney to discuss if you qualify and for what chapter. An attorney will be able to answer all of your questions and discuss the options to put an end to the wage garnishment.
    Answer Applies to: Michigan
    Replied: 11/29/2011
    Clayton Law Offices | Rose Clayton
    Yes, the filing of a bankruptcy will stop the garnishment.
    Answer Applies to: Massachusetts
    Replied: 11/29/2011
    Grace Law Offices of John F Geraghty Jr.
    Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
    Yes a Bankruptcy plan will take away the garnishment.
    Answer Applies to: Georgia
    Replied: 11/29/2011
    Walden & Pfannenstiel, LLC : Kansas City Bankrutpcy Attorneys
    Walden & Pfannenstiel, LLC : Kansas City Bankrutpcy Attorneys | Malissa L. Walden
    Yes, bankruptcy can stop a garnishment. Consumers file bankruptcy for several reasons one of which is to stop a garnishment on their paychecks or bank accounts. Most consumers file a chapter 7 or chapter 13 bankruptcy, both will give you the protection of the automatic stay. The automatic stay goes into effect the moment your case is filed. Repeat filers with successive cases may not be able to take advantage of the automatic stay upon filing depending on when their previous cases were filed. The automatic stay prevents creditors from contacting you in anyway. The stay prevents creditors from attempting to collect a debt through legal means. A creditor is unable to take you to court or attempt to collect on a previous judgment by garnishing your bank accounts or pay checks once your bankruptcy case is filed.
    Answer Applies to: Kansas
    Replied: 11/29/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    Yes. Bankruptcy will stop the garnishment immediately upon filing your case with the court.
    Answer Applies to: California
    Replied: 11/29/2011
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    Yes.
    Answer Applies to: California
    Replied: 5/31/2013
    The Stone Law Firm
    The Stone Law Firm | Shawn L. Stone
    In most cases, filing bankruptcy accompanied by proper notice to the garnishing creditor and/or creditor's attorney can stop a wage garnishment. You should speak with a knowledgeable bankruptcy attorney about your options.
    Answer Applies to: Arizona
    Replied: 11/29/2011
    Dan Wilson Bankruptcy
    Dan Wilson Bankruptcy | Dan Wilson
    Bankruptcy will stop garnishment and discharge underlying debt.
    Answer Applies to: Colorado
    Replied: 11/29/2011
    Ross Smith, Attorney at Law
    Ross Smith, Attorney at Law | Charles Ross Smith III
    You bet. File fast and you may even get some of the previous garnishments back.
    Answer Applies to: Ohio
    Replied: 11/29/2011
Click to View More Answers:
12 3 4 5 6 7 8 9 Free Legal QuestionsConnect with a local attorney