Law Office of Gordon Mosley
Does bankruptcy stop wage garnishment?
On Behalf of Law Office of Gordon Mosley

If you have fallen behind on your bills and are struggling to make ends meet, you’re not alone. In 2018, there were 461,897 Chapter 7 bankruptcy filings and 288,272 Chapter 13 filings. Plenty of people find themselves in positions where they need to make a quick decision to put a stop to creditor harassment and to prevent the garnishment of their wages. That’s where bankruptcy can come in to help.


Bankruptcy can stop your wages from being garnished, which is helpful if you’re looking to get a fresh start but still need to maintain your home or necessities. As soon as your bankruptcy is filed, the garnishments should stop. Here’s how it works.

Understanding wage garnishment

Wage garnishment is when a court order has been issued to your employer that tells them to send a specific amount of money to a creditor each time you’re paid. They take this amount out of your paycheck and use it to repay what you owe.


Many kinds of debts can be paid through wage garnishments, such as:


  • Student loans
  • Taxes
  • Personal loans
  • Child support
  • Alimony
  • Credit card debts
  • Medical bills


Creditors usually have to sue you before a wage garnishment is ordered. So, you should have received a notice of a hearing prior to the garnishment appearing on your wages. Sometimes a hearing isn’t needed, though, such as if the debt is for student loans, child support or your taxes.

How can you stop wage garnishment with bankruptcy?

When you file for bankruptcy, most kinds of wage garnishment stop. Additionally, new creditors may not be able to seek garnishment orders against you. The reason for this is because of the automatic stay. An automatic stay prevents collections agencies, some government entities and creditors from trying to pursue debts while the bankruptcy is in progress. This stay starts the moment the bankruptcy is filed.


Your attorney will reach out to each of the creditors to make them aware of the stay and to let them know that they need to stop garnishing your wages immediately. If they don’t stop, then they could face charges for contempt.

Facing garnishment, lawsuits? Bankruptcy may be able to help.

By On Behalf of Law Office of Gordon Mosley • February 21, 2022
During the day, you may have the ability to keep your financial worries somewhat at bay by concentrating on other tasks. However, when the time comes to get in bed for the night, those thoughts that stayed at the edge of your mind all day may come flooding forward. How will you make your next credit card payment? When will the next creditor call? What can you do about your garnished wages? These concerns affect numerous people who must contend with overwhelming debt. No matter what led to your debt, you do have options for effectively addressing those liabilities. In particular, bankruptcy may act as a significant step toward a fresh financial start. However, you may wonder whether taking this action really suits your circumstances. Has action been taken against you? When you face overwhelming debt, you may also face letters and calls from creditors every day. Over time, you may have become adept at avoiding these attempts at contact or requested a stop to such actions. However, more significant actions may have been taken against you with which bankruptcy may be able to help. Two actions that may make you consider this debt relief option more seriously include: Wage garnishment: If creditors are directly garnishing wages from your paychecks in attempts to pay your outstanding balances, you already face serious financial trouble. You may need every penny you earn to make ends meet as it is, and when you cannot hold on to your wages, bankruptcy may be able to help stop garnishments. Lawsuits: When creditors feel that they cannot effectively get you to pay your balances on their own, they may sue you for payment. Lawsuits are serious matters that could cause you to face even more financial strife while also facing orders to pay your liabilities. Fortunately, bankruptcy could help stop judgments in such cases. Because these actions can have serious outcomes, taking steps to stop them may help you in the long run. Can you attempt other debt relief methods? If you are not yet facing wage garnishments or lawsuits, you may wonder whether you could first attempt other actions before bankruptcy. Certainly, creditor negotiation and credit counseling could act as possible avenues to try. Of course, not all creditors feel willing to negotiate, and you may still need to address your full balances. Additionally, you may want to remain wary of services which claim they can reduce your debt or help you become debt free as many of these claims turn into scams that cost unsuspecting individuals more money. Though it can be frightening to consider such a major action, exploring your bankruptcy options further may help you get your financial affairs in order and bring back your restful sleep.

Seeking debt relief does not make you a bad person

By On Behalf of Law Office of Gordon Mosley • February 21, 2022
No matter what you do, you just can’t seem to get your head above water financially. In the last little while you’ve experienced loss of income, or you’ve had unexpected emergency expenses that you had to put on credit cards, or you or a loved one may have suffered a serious medical event, costing your family a small fortune. Maybe it was a combination of these or other hardships. Now you need help, but feel you are a bad person for seeking debt relief. There is and always has been a certain stigma surrounding bankruptcy in the United States. The truth of the matter is, Texas residents who need financial help are not bad people and no one should make them feel bad for asking for help. It is their right to pursue bankruptcy if it is what will best serve their interests. Stigmas attached to bankruptcy There are three types of stigmas often associated with bankruptcy. These are: Financial Emotional Social Emotional and social stigmas are often combined. They refer to how you see yourself after pursing a bankruptcy filing and how you believe people view you. People are afraid to let others down or do not want others to know they are struggling. When drowning in debt, the only thing that should concern you is fixing the situation. It shouldn’t matter how you do it and it really is no concern of anybody else’s. You do what will best serve you. The financial stigma sounds bad, but it can be a good motivator. Will your credit score go down if you file for bankruptcy? Yes. Will it stay that way forever? Will you be financially doomed for the rest of your life for seeking relief? No. While credit recovery after bankruptcy can take time, it is possible to do if you take full advantage of the bankruptcy filing and are cautious in your future financial decisions. Don’t let the stigmas stop you At the end of the day, you have to do what is best for you and your family. That may involve pursuing a bankruptcy filing and that is okay — it does not make you a bad person. Don’t let the stigmas stop you from seeking the relief you need. If you are not sure if it is the best course of action, you can seek legal counsel on the matter and then go from there.
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