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How does wage garnishment work and how can I make it stop?

On Behalf of | Jun 1, 2017 | Bankruptcy |

Overwhelming debt can have a serious impact on various areas of your life. One of the most significant and disruptive of these effects is the collection efforts that creditors may undertake to recover some of what you currently owe. Wage garnishment is an aggressive way to do this, and it involves losing a certain amount of your income to pay for specific debts.

Wage garnishment is the withholding of a portion of your earned wages for the payment of certain debts. When you are already struggling financially and unable to manage all of your payments, this can be devastating for your family. You may feel angry, frustrated and overwhelmed by your situation, but you may have the power to make it stop.

How does the garnishment process work?

Most of the time, wage garnishment happens when a debtor is significantly behind on his or her payments. This is a rather extreme measure, but creditors do have the right to take this action in certain circumstances. If you are dealing with wage garnishment or receiving threats of this possibility, it could be for the forced repayment of debts related to:

  • Student loans
  • Unpaid child support
  • Judgments
  • Back taxes
  • Personal loans

A creditor cannot simply decide to start taking your money. Regardless of how far behind you are, the creditor must first go through a hearing process before garnishing your wages. The court may then order your Kentucky employer to begin withholding a certain portion of your wages. This process can continue until repayment is complete or the initiation of the automatic stay, which only happens if you file for bankruptcy protection.

Making wage garnishment stop

It is possible to make the wage garnishment process stop, either by filing for Chapter 7 or Chapter 13 bankruptcy. The right choice for you depends on the nature of your individual financial situation and the types of debt you owe. Upon filing the bankruptcy petition, collections efforts will stop, whether wage garnishment is already in process or your creditors are attempting to start.

You should be able to keep your rightfully earned money. Financial stress may be taking over your life, but bankruptcy could offer you a way out. In addition to making the wage garnishment process stop, it may allow you to discharge certain debts and secure a stronger financial future. If creditors are taking your money, you would be wise to learn about your rights and the legal options available to you.


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