Can Filing for Bankruptcy Stop Wage Garnishment?
- McMann, P.A.
- Mar 6
- 2 min read
If you're struggling with debt and facing wage garnishment, you may be wondering whether bankruptcy can provide relief. At McMann, P.A., Attorney Mark McMann helps individuals in Lakeland, Tampa, Orlando, and throughout Central Florida stop wage garnishment and get a fresh financial start.
What Is Wage Garnishment?
Wage garnishment occurs when a creditor legally takes a portion of your paycheck to satisfy a debt. This often happens after a court judgment, and common reasons for wage garnishment include:
Unpaid credit card debt
Medical bills
Personal loans
Past-due rent or lease payments
Student loans (federal loan default)
Child support or alimony arrears
How Filing for Bankruptcy Stops Wage Garnishment
When you file for Chapter 7 bankruptcy, an automatic stay is immediately issued by the court. This means:
Creditors must stop all collection efforts, including wage garnishment.
Your employer is notified to stop withholding garnished wages.
Lawsuits and judgments related to debt collection are halted.
What Happens to the Garnished Wages?
If the bankruptcy case successfully discharges the debt, the garnishment stops permanently.
In some cases, you may even be able to recover wages garnished before filing.
Does Bankruptcy Erase All Debts?
Bankruptcy eliminates many types of unsecured debt, but some debts cannot be discharged, including:
Child support & alimony
Most student loans
Certain tax debts
Should You File for Bankruptcy to Stop Wage Garnishment?
Before deciding to file for bankruptcy, consider:
How much debt you have – Is it mostly unsecured debt that bankruptcy can discharge?
Your income level – Do you qualify for Chapter 7 bankruptcy?
Future financial goals – Will bankruptcy provide long-term relief or just temporary relief?
Let McMann, P.A. Help You Take Control of Your Finances
If you’re struggling with wage garnishment, don’t wait until your entire paycheck is taken. McMann, P.A. can guide you through the bankruptcy process and help you make the best financial decision.
Mark D. McMann
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