Stopping Wage Garnishment: Do Lawyers Have to Get Involved?

If your paycheck is being garnished, or you just got a notice that it will be, you probably want a quick way out. But do you need a lawyer to stop wage garnishment? Is there a way to handle it yourself?

The truth is, you can take steps on your own to deal with wage garnishment. And below we give some options for that.

But having a lawyer on your side can make a big difference, especially if you’re overwhelmed or unsure of your legal rights – and especially if you want to stop the garnishment right away.

Let’s break it down.

How Wage Garnishment Happens

Wage garnishment doesn’t happen overnight. In most cases, a creditor has to take certain steps.

  • First, they have to sue you in court for an unpaid debt.
  • Next, they need to win the case (or get a default judgment if you don’t respond).
  • From there, they request a wage garnishment order, which gets sent to your employer.
  • And once received, your employer is legally required to withhold part of your paycheck and send it to the creditor.

Certain debts – like unpaid taxes, child support, and federal student loans – don’t require a lawsuit first. The IRS, state agencies, and others can begin garnishment after sending you a notice and giving you time to respond.

Bear in mind, this isn’t an issue with your employer. They aren’t making the choice to garnish your wages. They’re just doing what’s required under the law.

Can You Stop Wage Garnishment Without a Lawyer?

In some cases, yes. You have a few options to try if you want to stop the garnishment on your own:

First, you can try to negotiate directly with the creditor before or after garnishment starts. We always recommend this if it’s an option. See if the creditor is open to a payment plan or some other solution that can help you get back on track with your debt.

You may also be able to claim an exemption if too much of your income is being taken or if you meet other qualifications.

If you believe the garnishment is happening illegally, you can request a hearing to challenge it.

And lastly, you can pay the debt in full to end the garnishment.

But here’s the catch: every step is time-sensitive, paperwork-heavy, and legally complicated. Creditors are counting on you not knowing how to fight back or simply running out of time.

How a Lawyer Can Help

When you’re under pressure from wage garnishment, a great bankruptcy lawyer can do more than just stop the garnishment by helping you build a long-term solution. Here’s how:

Immediate Action

Our attorneys file your bankruptcy quickly to put the automatic stay in place and stop garnishment before your next paycheck is hit.

Debt Analysis

Not all debts are treated equally in bankruptcy. A lawyer will review your situation and help you understand what debts can be wiped out (like credit cards or medical bills) and which ones might need to be repaid (like child support or recent taxes).

Choosing the Right Chapter

Whether Chapter 7 (which can erase certain debts) or Chapter 13 (which sets up a manageable repayment plan) is better for you depends on your income, assets, and goals. Our team guides you toward the best fit based on your situation and goals.

Protecting Your Paycheck and Your Future

Wage garnishment isn’t just about today’s paycheck. It can affect your credit, housing, and even your job security. Filing bankruptcy with the help of a lawyer gives you a clear, legal path to get back on track and stay there.

In short, you can try to handle wage garnishment on your own. But when those options fail, bankruptcy offers real, lasting relief.

What About the Cost?

Many people assume they can’t afford a lawyer if they’re already in financial trouble. But here’s the thing: continuing to lose a chunk of your paycheck every pay period can cost you far more over time than hiring a lawyer up front to stop it.

Our firm offers a free consultation, where we can discuss your needs and figure out a solution that works for you.

Stop Wage Garnishment Today

Trying to fight wage garnishment alone can be stressful and risky. You have every right to try the options available to you, and in some cases, they might work well for you. But most people facing garnishment will need a more immediate and long-term solution.

If you want to protect your income, avoid making mistakes, and get out of debt for good, you’ll want a great lawyer in your corner who’s looking out for your best interests.

If you’re facing wage garnishment or just got a notice in the mail, don’t wait.

Call me today for a free consultation. I’ll help you understand your rights, review your options, and take action to protect your paycheck.