How Do I Stop a Wage Garnishment?

How to stop a wage garnishment in Washington

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Washington wage garnishment limits

A wage garnishment can make it difficult to pay rent, groceries and other bills. In Washington, the amount protected from garnishment depends on the type of debt and statutory exemptions. The calculation uses disposable earnings after deductions required by law, not a blanket percentage of gross income. Sources: RCW 6.27.010(2); RCW 6.27.150. Have your pay records and garnishment papers reviewed to determine the rules that apply.

Chapter 13 and your repayment options

Chapter 13 may help stop a wage garnishment and address multiple debts through a repayment plan. Whether it is available and what payments it would require depend on your income, expenses, property, debts and prior bankruptcy filings. Meet with an experienced bankruptcy attorney to review your options before relying on a particular result.

If a garnishment is underway, seek advice promptly and tell your attorney when your next paycheck is due. Chapter 13 can address multiple debts in one case, but it does not resolve every financial issue or guarantee lower monthly payments.

For background, read the U.S. Courts guide to Chapter 13 and our bankruptcy consultation overview.

Check out our Client Reviews to read stories about other people we have helped stop their wage garnishment and provide financial relief.

Five common bankruptcy myths

Bankruptcy stops harassment from creditors, it stops the worry about ballooning debt, and it gives you a way to start fresh. But even if it’s the best thing for your situation, some nagging doubts may remain.

Some of those doubts may be due to the many common misconceptions about bankruptcy, what it does, and what it means. Here are five common bankruptcy myths that could change how you think about bankruptcy.

1) I will lose everything. This is not necessarily true. Bankruptcy exemptions can protect qualifying property, but the protection depends on the assets, equity, available exemptions and chapter filed. Staying current on a home or car loan does not by itself guarantee that you can keep the property. Retirement-account protection also depends on the account and applicable law. Sources: 11 U.S.C. § 522(b)–(c), (d)(12); U.S. Courts: Chapter 7 bankruptcy. Have your property and loan obligations reviewed before filing.

2) My credit is ruined for life. This is False. Just as a foreclosure or a missed payment does not stay on your credit forever, neither does a bankruptcy. You have to work hard to regain your credit rating, but repairing your credit only takes doing the same things it takes to maintain good credit. Pay bills on time, don’t keep balances on unsecured lines of credit, and check your credit report often.

3) Everyone will know I filed for bankruptcy. This is False. Unless you are a celebrity or major corporation, no one is likely to find out that you have filed bankruptcy. It is true that filings are public information, but the only people who are probably interested will be your creditors.

4) You can only file once in your life. This is false. A prior bankruptcy does not necessarily prevent another filing, but eligibility to file and eligibility for another discharge are different questions. The chapters involved, prior filing dates and case outcomes matter. A recent dismissal can also affect the automatic stay. Sources: U.S. Courts: discharge in bankruptcy; 11 U.S.C. § 362(c)(3)–(4). Have your complete filing history reviewed before starting another case.

5) It’s really hard to file for bankruptcy. The process requires accurate financial information, required disclosures and compliance with court procedures. Costs and timing depend on the chapter and the case. Filing generally starts an automatic stay that stops many collection actions, but exceptions and limits apply. Sources: U.S. Courts: Chapter 7 bankruptcy; U.S. Courts: Chapter 13 bankruptcy; 11 U.S.C. § 362(a)–(d). An attorney can explain the steps and obligations before you decide whether to file.

Discuss your next steps

Christopher A. Benson has been practicing law since 1991. The Law Offices of Christopher A. Benson has helped over 2,800 of Washington clients take control of their financial situation.

We can review whether bankruptcy may help stop your garnishment and address your debts through a repayment plan. Sources: 11 U.S.C. § 362(a)–(d); U.S. Courts: Chapter 13 bankruptcy. If money has already been garnished, recovery may be possible in some cases, depending on the timing of the transfers, applicable exemptions and other legal requirements. A refund is not automatic or guaranteed. Sources: 11 U.S.C. § 547(b)–(c), (e)–(g); 11 U.S.C. § 522(g)–(i); 11 U.S.C. § 550(a).

But you have to act quickly–call (253) 815-6940 for your free consultation, or email us today. Evening and weekend appointments available.