Can an attorney stop or prevent wage garnishment?

Through automatic stay provisions in the Bankruptcy Code, a debtor through attorney wage garnishment prevention actions can stop wage garnishments, at least temporarily, as soon as the debtor expresses his intent to file bankruptcy, whether Chapter 7or Chapter 13. Further, down the line in the bankruptcy process, an attorney may be able to end certain wage garnishments through bankruptcy, whether by filing Chapter 7 or Chapter 13. The wage garnishments that one can most likely get rid of during bankruptcy include wage garnishments from consumer creditors, medical bills, collections agencies, and depending on the case, judgments in civil cases.

In reality, however, most wage garnishments stem from liens and other court orders that cannot be entirely removed by filing for bankruptcy. These most commonly include child support, alimony, tax liens, and a limited number of other items. However, in these cases, regardless of the number, protections under Bankruptcy Laws allow debtors to be protected from overly large wage garnishments, and in turn, allow a debtor to incur only a small percentage of his or her wages as lost to viable wage garnishments. 

If you are burdened or unable to meet the requirements of your wage garnishment agreement, or if the number of wage garnishments is affecting your ability to maintain or obtain employment, consult with a bankruptcy lawyer to learn more about your legal rights and options today.