Your wages are being garnished. Here is how to stop it.

How a garnishment actually stops

1. 1. We file your petition

   The moment your Chapter 7 or Chapter 13 petition is filed with the U.S. Bankruptcy Court for the Southern District of California, federal law triggers the "automatic stay" under 11 U.S.C. § 362. That stay is not a request — it is a court order that takes effect the second the filing is accepted.

2. 2. Your employer is notified

   Within a few business days, your employer's payroll department receives notice of the stay. By law, they must stop withholding from your next paycheck after notice. In our experience this usually happens within 1–7 days of filing.

3. 3. The garnishment stops

   Your next paycheck arrives whole. The creditor cannot resume garnishment without first asking the bankruptcy court for permission — which, for the kinds of debts most people are garnished on (credit cards, medical bills, old judgments), almost never happens.

Common questions about stopping a garnishment

1. How fast can a wage garnishment stop in California?

   Usually within 1 to 7 days of filing your bankruptcy petition. The moment we file with the U.S. Bankruptcy Court for the Southern District of California, the federal automatic stay (11 U.S.C. § 362) takes effect. Your employer is then notified and must stop withholding from your next paycheck. In urgent cases we can file the same week you call us.

2. Will the money already garnished come back to me?

   Sometimes. If 90 days before filing your bankruptcy a creditor garnished more than the federal exemption amount, you can often recover those funds as a 'preference' claim through the trustee. Smaller garnishments and any taken longer than 90 days back usually do not come back. Eugenio reviews the specific dates and amounts on your consultation.

3. Does bankruptcy stop a child support or alimony garnishment?

   No. The automatic stay does not apply to domestic-support obligations like child support and spousal support. Those continue. If your situation involves a child support garnishment, we can still help with everything else (credit cards, medical bills, etc.) but the support garnishment is handled in family court, not bankruptcy court.

4. Does bankruptcy stop an IRS or state tax garnishment?

   Yes — the automatic stay stops IRS levies and Franchise Tax Board garnishments the same way it stops creditor garnishments. Whether the underlying tax debt is then dischargeable is a separate question: very old income tax debt may be dischargeable in Chapter 7; recent taxes can usually be paid through a Chapter 13 plan over 3 to 5 years. Either way, the immediate garnishment stops on filing.

5. Will my employer know why my wages aren't being garnished anymore?

   Yes — your employer receives the court notice. But the notice is the good news: 'stop withholding.' Most employers see a bankruptcy filing as a sign that an employee is taking care of their finances, not a red flag. Federal law (11 U.S.C. § 525) actually prohibits an employer from firing you or discriminating against you for filing bankruptcy.

6. How much does it cost to file the case that stops the garnishment?

   There is a court filing fee (set by federal law and updated periodically) and the attorney fee. Eugenio discusses fees on the free consultation because every case is different — a Chapter 7 is typically less than a Chapter 13. We do not quote fees by chat or email; we want you to leave the call knowing the real number for your actual situation.

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