If a creditor or agency is garnishing your wages, you are likely feeling the financial effects of that garnishment in many ways. Having your income reduced can cause problems when it comes to paying your bills or even covering the most basic expenses. Garnishment can cause financial issues for your entire household, so it is important to explore your options for removal of the garnishment as soon as possible.
Filing for Bankruptcy
One common way to find relief from a garnishment is to file for bankruptcy. As soon as you file your petition, the order will order an automatic stay, and all collection efforts by creditors must immediately stop, which includes garnishments. This stay can remain in place throughout the duration of your case unless the creditor gets specific permission from the court to resume a garnishment. This stay alone can provide immediate relief from a wage garnishment.
In addition, many debts can be discharged at the end of your Chapter 7 bankruptcy case, which may include the underlying debt that led to the garnishment, eliminating the garnishment for good. Even if that particular debt is not discharged, the discharge of your other debts may free up enough money to resolve the debt and end the garnishment.
Important Exceptions
Not every garnishment will be ended with an automatic stay and bankruptcy filing. For example, if the garnishment stems from unpaid spousal support or child support, bankruptcy will not have an effect. In addition, domestic support cannot be discharged in Chapter 7 bankruptcy either. There may be other options to end garnishment, and our law firm can advise you of your options based on your particular circumstances.
Call JLT Law Today to Speak with an Experienced Bankruptcy Lawyer
If you are struggling with wage garnishment and unpaid debts, you should speak with an attorney as soon as possible. At JLT Law, we work tirelessly to ensure that each client we take obtains the best possible outcome in his or her case. To schedule a free, no-obligation case evaluation with a Salt Lake City bankruptcy lawyer, call our office today at (801) 896-9444 or contact us online.
1 https://www.law.cornell.edu/uscode/text/11/362
2 www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basics/chapter-7-bankruptcy-basics