Stop Wage Garnishment in San Antonio

If your wages are being garnished, filing bankruptcy can stop the garnishment immediately through the automatic stay.

Texas Garnishment Law

Garnishment limit: No consumer wage garnishment in Texas (except child support, taxes, student loans)

Garnishment requires a court judgment (except for taxes, child support, and student loans). Once a creditor has a judgment, they can instruct your employer to withhold a portion of your wages.

How Bankruptcy Stops Garnishment

  1. File your petition -- The automatic stay takes effect immediately
  2. Notify your employer -- Your attorney (or you) provides the case number and filing date to payroll
  3. Garnishment stops -- Your employer must stop withholding within 1-2 pay periods
  4. Debt discharged -- In Chapter 7, the underlying debt is eliminated. In Chapter 13, it is included in your repayment plan.

Can I Recover Garnished Wages?

In some cases, yes. If wages were garnished within 90 days before filing, the trustee may be able to recover them as a "preference payment." This is more likely in Chapter 7 cases with a no-asset designation.

Frequently Asked Questions

How fast does bankruptcy stop garnishment?

The automatic stay takes effect the moment your petition is filed. Most employers stop withholding within 1-2 pay cycles after receiving notice.

Does bankruptcy stop child support garnishment?

No. Child support and alimony withholding continue during bankruptcy. These debts are not dischargeable.

Open Bankruptcy Project Network

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