Paycheck being garnished? Filing may stop it.
Filing generally stops most wage garnishments. If a garnishment makes it hard to pay a lawyer up front, Chapter 13 may let you pay attorney fees through the plan. Mack & Associates, LLC helps from offices in Topeka, Leawood, Wichita and Dodge City.
Every payday counts. The sooner you file, the less you may lose.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
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Let’s look at your garnishment
Answer a few quick questions. Each answer shows why it may matter for your situation.
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Is money being taken from your paycheck right now?
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Is the garnishment for child support or alimony?
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Would paying a lawyer up front be hard right now?
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Has more than $600 been taken in the last 90 days?
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Is the IRS or the State of Kansas taking your wages for taxes?
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Are other creditors suing you or threatening to?
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Is your household income above the typical income for a Kansas family your size?
For your own initial review only. These questions simplify complicated rules and aren’t legal advice or a substitute for a full review of your situation. For advice, contact our office to speak with an attorney.
Not your main worry? See whether Chapter 7 or Chapter 13 may fit
What filing may do
Every situation is different. These are common ways bankruptcy may help, depending on your facts.
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Stop the garnishment
Filing generally stops most creditor garnishments once your employer is notified.
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Possibly recover recent wages
Wages taken in the 90 days before filing may sometimes be recovered when the total is over $600.
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Deal with the debt behind it
The debt that led to the garnishment may be discharged or repaid through a plan.
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Pay fees through the plan
In Chapter 13, attorney fees can often be paid through the plan instead of up front.
For general information only. This isn’t legal advice for your situation. For advice, contact our office to speak with an attorney.
How fast does filing stop a garnishment?
The automatic stay generally takes effect when you file. We notify your employer and the creditor, which usually stops the next deduction or the one after, depending on payroll timing.
Will my employer find out?
Your employer generally learns about the filing because it has to stop the garnishment. Federal law prohibits a private employer from firing you solely because you filed bankruptcy.
Does bankruptcy stop a child support garnishment?
Generally, no. Support garnishments continue, and support debts can’t be discharged. Chapter 13 may still help you catch up on past-due support while stopping other collections.
Talk with a bankruptcy attorney
A free consultation may help you see whether Chapter 7, Chapter 13 or another option fits your situation.