Understanding garnishments
Wage garnishment is a legal procedure where a court issues an order to an employer to withhold money from a debtor for payment of a debt. Under federal law, a garnishment is limited to 25% of the net wages. The garnishment continues until the debt is paid in full.
Bankruptcy can stop garnishments
Bankruptcy law protects a debtor from continued collection efforts; therefore, the filing of a chapter 7 or chapter 13 bankruptcy can stop a garnishment immediately.
Money taken; money returned
In some instances, a debtor in bankruptcy can recover the money previously garnished from wages or from a bank levy.
Help from an attorney
Garnishments are painful to a person already struggling with debt issues. Obtaining help from a skilled consumer bankruptcy attorney is key to not only stopping the garnishment quickly but possibly setting up the bankruptcy to recover money already garnished from the debtor.
