Filing Chapter 7 or 13 Bankruptcy can stop garnishments immediately. If you need to stop garnishments today, read on to see how a Chapter 7 or Chapter 13 Bankruptcy can make it stop now.
Filing Bankruptcy Stop Garnishments
A garnishment occurs when a creditor sues you, receives a judgment, and requests an order to garnish your wages. If the order is granted, the order is sent to your employer demanding that part of your paycheck goes to pay for the debt.
How Long Can They Garnish My Wages?
The garnishment will continue until the debt is paid or as long as you work at your job.
How Much Can They Garnish?
Short answer: 25% of your net income. Net income is what you have left after your taxes and other deductions are taken out.
Long answer: KSA 60-2310(b) states in part: (1) Twenty-five percent of the individual’s aggregate disposable earnings for that workweek or multiple thereof; (2) the amount by which the individual’s aggregate disposable earnings for that workweek or multiple thereof exceed an amount equal to 30 times the federal minimum hourly wage, or equivalent multiple thereof for such longer period;
Example:
Let’s say you work 40 hours per week and earn $10/hr. You get paid every two weeks, so your gross pay is $800. After taxes are taken out your net pay is $680. The creditor who is garnishing you is entitled to 25% of that $680 – taking $170 of your paycheck and leaving you with just $510.
Wow. 25% Is a Lot!
Yes it is. Most people do not have room in their budget to absorb a 25% decrease in income. We have car payments, rent, mortgage, student loans, etc that we are all dealing with. A 25% wage garnishment is enough to crush someone who is living paycheck to paycheck. But bankruptcy can help.
Why You Need To Move Quickly:
Filing a Chapter 7 or Chapter 13 Bankruptcy will stop garnishments, but a creditor is entitled to garnish your wages up until the day you file. A partial garnishment is likely to show up on your next paycheck depending on where you are in the pay cycle at work. If you know you can’t afford a 25% garnishment, then you need to speak to a lawyer immediately.
To Learn More About Filing Chapter 7 or 13 Bankruptcy and How it Can Stop Garnishments, please give us a call at 785-727-7700 for a FREE Consultation over the phone or in person or you can email us now. Chris W. Steffens is a Kansas Licensed Bankruptcy Lawyer.
