Can bankruptcy stop wage garnishment?

On Behalf of | Oct 22, 2021 | Chapter 11 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy |

If you are dealing with a lot of debt in North Carolina, then you might be dealing with wage garnishment, which cuts a portion of your income. This happens when a court steps in to award a portion of your wages to your creditors. One way to stop garnishment from happening is to file for bankruptcy, although, of course, this will have other effects.

How bankruptcy stops garnishment

Wage garnishment is a legal procedure that has to be ordered by a court. In most cases, you will be told that the garnishment is happening, and you will have the chance to appeal but not for student loan debt, child support or back taxes. After that, the court will decide how much of your wages to garnish, and the process will happen automatically.

Filing for bankruptcy will stop garnishment. However, this is a superseding legal arrangement that will have other consequences for your debt and credit. It is not a way to get out of garnishment for free. Think carefully about whether declaring bankruptcy is the right choice for you and your financial circumstances. Instead of bankruptcy, you can attempt to tell the court that you are facing economic hardship, which may lead to reduced garnishment.

Consider your options when it comes to garnishment. There is no simple way to avoid it, and your best option may be to just deal with it until the debts are gone. However, the automatic stay that bankruptcy provides can protect you from garnishment as long as you are in the process of discharging your debts and have an active bankruptcy case in the courts.