Can bankruptcy stop a garnishment?
A bankruptcy can stop a garnishment in most cases. If you have a garnishment for medical bills, credit cards, personal loans, payday loans and other similar debts we can stop them even if they are active.
A bankruptcy will not stop an active garnishment for child support or alimony. If you need help stopping a garnishment please contact us immediately for a free and confidential consultation. In many cases you can file a bankruptcy case without any money in hand.
Most creditors need a judgement to garnish you. Normally this process takes several months and the creditor or their attorney has notified you by mail. Once the judgement is obtained in the court system the creditor will begin to try and determine where you work or where you have your bank accounts or in some cases if anyone owes you any money. The IRS and the Kansas Department of Revenue, as well as federal student lenders do not need judgements before they can garnish you.
The judgement will be used to garnish you. That is the primary reason creditors go to such great lengths to hire an attorney and file a lawsuit. In Kansas a garnishment on your wages (your paycheck from your employer) is limited to 25% of your income after required deductions (taxes) are made. The exception to this is for child support which has a different formula but can be as high as 50% to 65% of your wages. There are no garnishment limits for the IRS and Kansas Department of Revenue. The limit for federal student lenders is 15%.
It will take a few days to get the garnishment turned off once you file a bankruptcy case so the faster you get in to see us the faster we can get things back on track.
Depending on the circumstances the bankruptcy trustee can recover money garnished by your creditors prior to filing. You may not get the money back, but it may be used to pay other creditors, like some tax debts or child support, that are not dischargeable in bankruptcy. You will get money back for periods worked after filing.