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Garnishment procedure is state-specific. The court that entered the judgment and the court that would hear a bankruptcy case both matter.
What a Garnishment Does
A wage garnishment is a court-backed order directing an employer to send a share of disposable earnings to a creditor. It is not a courtesy request, and it does not pause because the household is “working something out” with the collector.
Federal law caps how much of disposable pay can be taken in many consumer garnishments, but that cap still leaves a hole in rent, groceries, and the car note. Child-support and certain tax garnishments follow different rules.
How Bankruptcy Can Stop It
Filing a bankruptcy case generally activates the automatic stay, which can pause many wage garnishments, lawsuits, and bank levies. Timing matters: the stay begins when the case is filed, not when you first call.
Chapter 7 is often the tool when qualifying unsecured debt — credit cards, medical bills, personal loans — is the problem and income supports a discharge. Chapter 13 can be the better path when you also need to catch up a mortgage or car note while the garnishment is stopped.
Frequently Asked Questions
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