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February 9, 2016 · Garnishment

Garnishments Don't Just Go Away on Their Own

Hands opening a pay envelope at a kitchen counter in afternoon light

The hard truth: unpaid debts don't go away on their own, and creditors don't simply stop calling. Wage garnishments, in particular, will continue every paycheck until the underlying debt — plus interest and fees — is paid in full. The earlier you act, the more options you have.

How Garnishment Escalates

Once a creditor obtains a court judgment, they have powerful tools at their disposal.

Trying to chip away at the debt with small monthly payments rarely works. The interest accumulates faster than most people can pay, and the underlying judgment doesn't expire for a long time.

Bankruptcy as a Faster Path

The moment a bankruptcy case is filed, the automatic stay kicks in. The garnishment stops. The collection calls stop. The lawsuits stop. For many people, bankruptcy is faster — and less expensive — than trying to pay their way out.

Waiting versus filing

A garnishment continues every paycheck until the debt, plus interest and fees, is paid in full.

If you do nothing
It escalates
  • Wage garnishment, typically up to 25% of disposable income
  • Bank levy, freezing balances and pulling funds
  • Liens against your home or other property
  • Interest accumulating faster than small payments can cover
The moment you file
It stops
  • The garnishment stops
  • The collection calls stop
  • The lawsuits stop
  • Creditors who keep collecting are violating federal law
The earlier you act, the more options you have. Filing creates a case number, and that case number activates the automatic stay.

A Word of Caution

If you've paid an attorney a partial retainer to file but never completed the case, you may still be facing collection while owing both the original debt and the unfinished attorney balance. If you started a case and stopped, call us — we'll help you understand where things stand and what to do next.

The Stay Is Real Protection

Filing creates a case number, and that case number activates the automatic stay. Creditors who continue collection after the stay is in place violate federal law. Call us at 636-352-2030 for a free consultation at either of our two locations.

Wondering how this applies to you?

Every situation is a little different. Call and we'll talk through yours. The first conversation is free.