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

Related San Antonio Bankruptcy Resources

Our research was cited by the federal judiciary as Suggestions 26-BK-3 and 26-BK-5

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