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How Do I Stop Wage Garnishment

by Adam Mack, JD

Its pay day!  You log in to your bank account to make sure direct deposit has worked its magic and then you see it; a fraction of what you expected is actually deposited to your bank account.  You then call your company’s accounting department to give them a piece of your mind, just to find out it is not their fault at all.  Your wages have been garnished pursuant to a court order.

This scenario is all too familiar.  Having your wages garnished is one of the most unpleasant surprises you will ever experience.  You want an immediate fix, but the problem did not happen overnight.  In Kansas, to get to this point you likely would have been aware that you had a debt that you could not pay.  For months creditors called and hassled you.  Eventually, they said they would file suit. However, from your perspective, you’re short on options.  Whether or not you owe the money, if there is not enough at the end of the month to pay everyone, then someone will have to go without and that someone is now you.  Your creditor has taken you to court and was granted a judgement against you.  Their solution is to garnish your paycheck even before you have the money in hand. Lets face it.
Living on a fraction of your normal income is difficult for anyone.  Sometimes it is even impossible.

So the real question is how do you stop it? Often the most effective way to stop wage garnishment is to file bankruptcy.  Kansas bankruptcy lawyers frequently deal with this issue and are experienced in helping clients stop the bleeding, so to speak.  You will be able to stop garnishments with either a Chapter 7 or Chapter 13 bankruptcy. With either chapter of bankruptcy an automatic stay is invoked.  Functionally speaking, the automatic stay is basically an automatic court order prohibiting the collection of almost all debts with some possible exceptions, such as child support. Do not struggle through a wage garnishment unnecessarily.  Kansas bankruptcy attorneys focus their practice on protecting people who are being garnished and are otherwise financially vulnerable.  If you are experiencing a wage garnishment, call a qualified bankruptcy lawyer today.


These articles are for general informational use and do not constitute legal advice. Since laws change over time, it’s possible some articles are out of date and for that reason, we make no representation that the articles are fully accurate. For actual, up-to-date legal advice (including a free consultation), please contact us!