• 4560 S. Decatur Blvd. Suite 302, Las Vegas, NV 89103
  • 702-252-4673
  • hope@deluca-associates.com
Facebook-f Twitter Yelp
  • Home
  • Services
    • Chapter 7 Bankruptcy
    • Chapter 13 Bankruptcy
  • About Us
    • Anthony DeLuca
  • Testimonials
  • Blog
  • Contact
Menu
  • Home
  • Services
    • Chapter 7 Bankruptcy
    • Chapter 13 Bankruptcy
  • About Us
    • Anthony DeLuca
  • Testimonials
  • Blog
  • Contact

Filing Bankruptcy Can Halt Wage Garnishments

You may be able to stop a creditor from garnishing your wages, and even get some of the garnished wages back, by filing for bankruptcy. Find out how bankruptcy can halt wage garnishments.
books of checks
When a person files bankruptcy, an automatic stay is put in place. This prohibits most creditors from collecting money. That means wage garnishments are also prohibited as long as the automatic stay is in place. A creditor has to ask the court to lift the stay, which will only be granted that if there’s valid reason. The automatic stay does not apply to domestic support court orders, such as child support or alimony, as they’re regarded as priority debts that can’t be discharged by bankruptcy. Therefore, if your wages are being garnished because of domestic support, the garnishment will not stop when you file.
An automatic stay ends in one of three ways: (1) you receive a discharge, (2) the case is dismissed with no discharge, or (3) the court lifts the stay. If you receive a discharge that includes the obligation for wage garnishment, creditors are not allowed to resume garnishment after bankruptcy. However, if you case was dismissed without a discharge, garnishment by creditors can continue.
Under some circumstances, you may be able to get back some of your wage garnishments, even if they were taken before you filed for bankruptcy. If your wages were garnished in the 90 days prior to filing, they were over $600 in aggregate, and you have adequate exemptions to cover them, you can usually get them returned to you by filing a complaint in your bankruptcy.
To make sure garnishments stop as soon as you file for bankruptcy, notify your company’s payroll department of your filing. As most wage garnishments are handled by the local sheriff’s office, notify the sheriff or applicable office of your filing so he or she can immediately stop garnishments.
For more information on wage garnishments or for a trustworthy bankruptcy attorney in Las Vegas, contact DeLuca and Associates today.

Get a FREE Consultation

Set up your free consultation with Attorney Anthony DeLuca or one of his associates to go over your Las Vegas bankruptcy.

Request Consultation

Request Information

Recent Posts

How Long Does It Take To Recover After Bankruptcy?

May 25, 2022

Can Lenders Ignore Bankruptcy Court Discharges?

September 18, 2015

When Banks Fail to Comply: Don’t Repay Discharged Debt

November 14, 2014

About Us

Representing thousands of clients since being founded in 2001 by attorney Anthony Deluca, DeLuca & Associates remains established as the premier consumer bankruptcy law firm in Nevada.

Contact Us

DeLuca & Associates
Bankruptcy Law Firm Serving Nevada

4560 S. Decatur Blvd. Suite 302
Las Vegas, NV 89103

(702) 252-4673
hope@deluca-associates.com

Connect + Follow

Facebook-f Twitter Yelp

Privacy Policy | Sitemap