Wage garnishment is when a percentage of your paycheck is automatically deducted in order to pay a debt that is owed. If you are subject to a wage garnishment that has left you unable to pay other bills, filing for bankruptcy can help.
Can Bankruptcy Stop Wage Garnishment?
In general filing for bankruptcy can stop wage garnishment temporarily, and with a successful bankruptcy case it is possible for permanent end to your wage garnishment. After you file for bankruptcy, something called an "automatic stay" will go into effect. An automatic stay will temporarily prevent creditors from taking any action against you. Included in that is a wage garnishment. This will last until the end of your bankruptcy case.
At the end of the case the wage garnishment can either resume, or it will have been permanently ceased. If your case bankruptcy results in the discharge of the debt that is the cause of your wage garnishment, then you will no longer be required to pay that debt. If you are not required to pay that debt, there is no reason for your wages to be garnished and they will stop. There are a few exceptions to the rule. One of debts that is not subject to an automatic stay is child support. This will continue through the whole process.
Should You Hire An Attorney?
Hiring a bankruptcy attorney is an important part of your wage garnishment case. An attorney can help get your bankruptcy paperwork in order and begin the filing process. As soon as that paperwork is filed, you will be able to get a temporary pause on your wage garnishments. In addition an experienced attorney can help decide which course of action is right for you and increase your chances of a successful bankruptcy case.