Protect your paycheck
Stop Wage Garnishment in Utah
A garnishment can take a large part of every paycheck until the judgment is paid. Filing bankruptcy triggers the automatic stay, which stops most garnishments and the collection lawsuits behind them. Often the debt itself can be wiped out, too.
The short version
Stop creditors from taking your paycheck and end collection lawsuits with the automatic stay.
How garnishment happens
In most cases a creditor must first sue you and win a judgment. It can then ask the court for a writ of garnishment, which orders your employer to withhold part of your pay. Federal and Utah law cap how much can be taken, but the amount can still be painful for a household budget.
How bankruptcy stops it
Once your case is filed, creditors must stop collection activity, including garnishments. We notify the creditor and, where needed, your employer. In some cases, money garnished in the 90 days before filing can be recovered.
Not every garnishment is treated the same way. Child support and alimony orders continue, and some tax and federal student loan collections follow separate rules. We will explain how your specific garnishment will be handled.
Stop Wage Garnishment: common questions
How fast does bankruptcy stop a garnishment?
The automatic stay takes effect the moment your case is filed. It can take a pay cycle or two for your employer's payroll to catch up once notified, which is why we notify the creditor and employer promptly.
Can I get back money that was already garnished?
Sometimes. Wages garnished in the 90 days before filing may be recoverable in certain circumstances. Whether it is worth pursuing depends on the amount and your exemptions.
Should I file Chapter 7 or Chapter 13 to stop a garnishment?
Either chapter stops most garnishments. Which one is right depends on your income, property and other goals.
This page is general information, not legal advice, and reading it does not create an attorney-client relationship. Results depend on the facts of each case. See our full bankruptcy FAQ.
Related services
- Chapter 7 BankruptcyWipe out credit cards, medical bills and personal loans, usually in a few months.
- Chapter 13 BankruptcyKeep your home and car with one affordable three-to-five-year plan, and stop foreclosure.
- Debt SettlementNegotiate with creditors to resolve debts for less, without filing bankruptcy.
Talk to a Utah bankruptcy attorney for free
Every situation is different. A free consultation is the fastest way to learn which option fits yours. Ask about $0-down options.