Stop Wage Garnishment

Question:

Can you stop wage garnishment after they've started?


Answer:

The answer is yes, no, and maybe so. Yes, you can stop wage garnishment for most debt if you file for Chapter 7 or Chapter 13 bankruptcy. Chapter 13 would place you in a payment plan, which may be cheaper than paying each creditor separately. Chapter 7 will halt almost all judgments, with the exception of things like taxes and child support.

Yes, you can also stop garnishment with some creditors by proving to them that the debt is causing a financial hardship. For example, if you will be strapped for cash/financially broke after the wage garnishment and unable to pay your rent or mortgage, then you may be able to stop wage garnishment.

You may be able to stop garnishment of wages if the creditor is taking out more than 25 percent of your disposable income. Disposable income is what remains after taking out for state, federal, and FICA. You may be able to also stop wage garnishment if you can actually prove some legal steps were not taken.

No, you cannot stop wage garnishment if you cannot qualify for bankruptcy or if the debt is not dischargeable. No, you can't stop wage garnishment if you can't prove the garnishment is causing financial hardship. No, you cannot stop wage garnishment if you can't prove the creditor did not take the proper legal steps.

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