Stop Wage Garnishment with Bankruptcy

Wage garnishment is one of the most frustrating things that can happen to any working individual. If you’re struggling with your debt and a creditor is able to get a judgment against you, then wage garnishment can go into effect immediately. Money is taken straight from your paycheck to repay the outstanding debt with your creditor. You don’t even get to touch it. This can affect your daily life, as you have other bills and needs that you have to pay. Fortunately, it’s possible to stop wage garnishment with the help of a St. Petersburg bankruptcy attorney.

Use Bankruptcy to Stop Wage Garnishment

In most cases, filing for a Chapter 7 bankruptcy is enough to stop wage garnishment. Working with a bankruptcy attorney is crucial to ensure that you receive all the benefits that come with the Chapter 7 petition. Because filing for bankruptcy initiates what’s known as the “automatic stay,” you and your paycheck are protected from creditors. They will be unable to take money from your paycheck at will.

If the situation has gotten severe and you need the wage garnishment to stop immediately, work with your bankruptcy attorney to complete an emergency filing. This gives you a 2-week advantage to get the bankruptcy filing in order. Because Chapter 7 bankruptcy takes care of your outstanding debts, wage garnishment is unlikely to begin again.

However, there are some exceptions to the “automatic stay” provision that bankruptcy protection provides. The biggest exception is domestic support or any obligations related to child support or alimony. So if these are the reasons why you are experiencing wage garnishment, bankruptcy will not help. For all other reasons, it’s important to speak with a bankruptcy attorney to stop the wage garnishment as quickly as possible.

Working with a bankruptcy attorney can also provide unexpected benefits. For instance, it’s possible to recover wages that were garnished before you filed for bankruptcy. As long as it was garnished within 90 days of the filing and was over $600 with enough exemptions, you can get it back with the help of a bankruptcy attorney.

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