Stop Garnishment
Bankruptcy Attorneys: Belleville, IL | Glen Carbon, IL | Highland, IL
image of wage garnishment paperwork

Stop Wage Garnishments

If you've been struggling with debt, you may find yourself facing wage garnishment. A wage garnishment is an order requiring your employer to withhold money from your paycheck for a creditor. The provides limits on the amount that can be taken from you depending on the type of debt. For example, consumer creditors, such as credit card issuers and hospitals, must have a money judgement against you. Even then, a consumer creditor can only deduct 15% of your wages. However, other creditors, such as the government, can take larger amounts and may not need to get a money judgement. An experienced bankruptcy attorney can advise you of how these wage garnishment laws may affect you.

Filing a bankruptcy petition will create an "automatic stay" that can stop wage garnishments. An automatic stay is court order sent to all the creditors listed in the bankruptcy petition. Once the creditors are notified of the automatic stay, they are mandated to stop all activity, including:

  • Repossession attempts
  • Foreclosure process
  • Wage garnishment attempts
  • All creditor attempts to collect again debt
  • All creditor contact with you in any form

There are strict rules about wage garnishment in Illinois, especially relating to child support, spousal support (alimony), student loans and unpaid taxes. The type of creditor and the type of debt being collected against can make a different in how the law applies to a wage garnishment. Don't sit by and let your wages be taken from you. Our experienced bankruptcy lawyers can stop wage garnishment and protect your income.

We offer a FREE Consultation with a bankruptcy lawyer so you can make an informed decision about what type of bankruptcy is right for you.