It's frightening to be in a deep debt situation that you can't seem to dig out of. It's even more frightening when you can’t meet your monthly debt obligations and creditors start filing lawsuits against you. In some cases, a creditor may succeed in obtaining an order to garnish your wages – which can make it nearly impossible to resolve your debt problems.
If you learn that creditors are taking steps to garnish your wages, filing for bankruptcy may be your best option. A bankruptcy filing triggers an "automatic stay" which effectively stops wage garnishment.
Stopping wage garnishment with bankruptcy
In the vast majority of cases, a bankruptcy filing will bring a swift cessation to any wage garnishment activities that creditors have against you. To ensure that an automatic stay is respected, you may need to notify creditors of your bankruptcy filing and your employer.
There is an important caveat that all bankruptcy filers should be aware of regarding automatic stays and the cessation of wage garnishment. Not all debts are discharged through the bankruptcy process, therefore you may still face wage garnishment for various types of debts, including:
- Federal student loans
- Child support
- Unpaid taxes
- Government fines and penalties
- Court fees
Learn more about wage garnishment in your bankruptcy case
For many people who are struggling with debt problems, bankruptcy provides an effective way to stop wage garnishment and eliminate debt so you can move forward with your life. If you are considering filing for bankruptcy as a means to stop wage garnishment and eliminate burdensome debts, it’s important to learn more about the related laws and the various limitations that may apply to your particular case.