Will bankruptcy stop wage garnishment?

Yes, declaring bankruptcy can stop wage garnishment in Washington. When a creditor is granted a garnishment, it is a court order requiring an employer to withhold a certain amount from an employee’s wages. However, when a debtor files for bankruptcy, an automatic stay is initiated. This stay prevents creditors from any collection activities including garnishment. This protection can last as long as the bankruptcy case is open or until the garnishment order is lifted by the court. It is important to note that the automatic stay can be terminated if the creditor can prove to the court that the garnishment is necessary to protect their interests. In some cases, a creditor may have already received a portion of wages before the bankruptcy was filed. In these instances, they are allowed to keep the funds they already received. Due to the complexity of the law and the various scenarios, it is best to speak to a bankruptcy attorney when filing for bankruptcy. A bankruptcy attorney can advise you on the best option for stopping wage garnishment in your particular situation.

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Will bankruptcy stop wage garnishment?

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