Can Bankruptcy Be Used To Stop Wage Garnishment?

table of wage documents

Struggling with debt can be difficult. Your financial situation can become even more stressful when a creditor takes legal action against you to force repayment of a debt. One of the most common ways in which creditors will attempt to get debts from those they believe owe them money is to try and garnish their wages. Fortunately, you do have options. One of the best ways to protect yourself from wage garnishment is by filing for bankruptcy. Please continue reading and reach out to a seasoned Orange County consumer bankruptcy lawyer from the Law Offices of Michael D. Pinsky to learn more about how filing for bankruptcy can protect you and your future and how our legal team can assist you through the process. Here are some of the questions you may have:


Wage garnishment is a method of debt collection in which a creditor is able to take money directly out of your paycheck. Usually, the creditor needs to file and win a lawsuit in order to earn a portion of your paycheck. For certain types of debt, the creditor won’t need to go through a complicated legal process to collect debts this way. Unfortunately, having your paycheck garnished can be an overwhelming experience, as you’re already in debt, and now it seems like you’re essentially working for free.


This method of debt collection can be used for various types of debts, including:

  • Credit card debt
  • Medical bills
  • Personal loans
  • Child support
  • Alimony
  • Student loans
  • Taxes


In most cases, yes. Bankruptcy is one of the best ways to halt wage garnishment, as long as the debts you owe are unsecured. For example, if you’re in credit card debt, filing for bankruptcy will trigger an automatic stay, thereby preventing creditors from all further collection activity. This includes garnishing your wages. That said, you should understand that not all debts are considered “unsecured.” For example, unpaid child support or alimony are secured debts, meaning even if you file for bankruptcy, you will still have to pay those debts off, and if you refuse to do so, the court will likely have the legal authority to garnish your wages.

If you’re struggling with a creditor taking portions of your paychecks, you deserve a trustworthy bankruptcy lawyer who has your best interests in mind. Thankfully, our highly experienced legal team is on your side! Contact the Law Offices of Michael D. Pinsky, PC today for an initial consultation.

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