How Bankruptcy may Stop Wage Garnishments

If a creditor is currently garnishing your wages, you may be able to stop the garnishment and may even be able to recoup some of the garnished wages back by filing for Chapter 7 or Chapter 13 bankruptcy.  When you file for bankruptcy the automatic stay goes into effect and immediately stops most collection efforts by creditors including wage garnishments.

If the debt that led to wage garnishment will be discharged in bankruptcy then filing for bankruptcy will permanently stop the garnishment. Some examples of debts that are dischargeable in bankruptcy are credit card bills, medical bills, and most court judgments. When the debt being garnished is dischargeable, the automatic stay will stop wage garnishments. However, not all debts may be discharged in bankruptcy. For example, if your wages are being garnished for domestic support obligations such as child support or alimony, the garnishment will not stop by filing for bankruptcy.

After filing for bankruptcy you may be able to get some of the wages back that were garnished prior to filing for bankruptcy by filing a complaint with the bankruptcy court. Generally, you can recover wages garnished within the 90-day period prior to the date you file for bankruptcy if the aggregate total is over $600 and you can exempt the garnished wages.

If your wages are being garnished and its having a devastating effect on your financial and personal life then filing for bankruptcy may be good choice for you. However, since not all debts are dischargeable in bankruptcy, speak to an

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