Updated October 21, 2026
A common question I am asked is, “Will bankruptcy stop a garnishment on a judgment against me?” Filing Chapter 13 generally starts an automatic stay that stops many wage garnishments for debts owed before filing. But the type of debt, any earlier bankruptcy cases and the timing matter. A consultation alone does not start that protection.
If a garnishment is leaving you short for rent, groceries or other bills, tell us when your next paycheck is due. We can review the court papers and discuss your options.
The automatic stay generally begins when the bankruptcy petition is filed, without a separate court order. While it applies, it usually prevents a creditor from continuing to collect a pre-bankruptcy judgment through wage garnishment. There are exceptions, and a court can grant a creditor relief from the stay. See the federal automatic-stay law, 11 U.S.C. § 362.
The legal protection and the payroll process are separate issues. The bankruptcy court sends notice to listed creditors. Promptly getting the filing information to the creditor, its attorney and your payroll department is also important when a garnishment is already underway.
Tell your attorney about the next payroll date, any deduction already made and who is handling the garnishment. Keep your pay statements and any notices you receive. Do not assume that scheduling a consultation, signing paperwork or telling payroll you intend to file will stop a deduction.
If wages are still withheld after filing, contact your attorney promptly so the facts and any needed next steps can be reviewed. Do not count on a particular paycheck being restored or previously garnished money being refunded without a case-specific review.
No. Income withholding for a domestic support obligation, such as child support or spousal support, can continue under the statutory exception. Prior bankruptcy cases dismissed within the preceding year can also limit the stay or prevent it from arising automatically. Tell your attorney about every previous filing before relying on bankruptcy protection.
Chapter 13 involves a repayment plan, usually lasting three to five years, for eligible people with regular income. Stopping collection does not mean the debt has already been erased. Your income, expenses, property and debts affect whether Chapter 13 is suitable and what a plan would require.
Our bankruptcy services page explains more about comparing Chapter 7 and Chapter 13.
Washington law protects part of your earnings, with different rules for different debt types. The calculation uses disposable earnings, meaning earnings left after deductions required by law. It is not a blanket percentage of your gross pay. Have your pay records and garnishment papers reviewed rather than assuming a general percentage applies to you. See RCW 6.27.010 and RCW 6.27.150.
If available, gather:
Do not postpone asking for help because you cannot find every document. Tell us about the garnishment when you contact our Federal Way office. We offer a free initial consultation to review your circumstances and discuss possible next steps.
This article provides general information, not advice about a particular case.
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