Can you file a bankruptcy or go into a debt consolidation program if you already have a garnishment against your wages?

Approximately 25% of my wages are being garnished. Additionally, I have requested a hearing on this matter and am in danger of being terminated by my employer. How can I stop the garnishment?

Asked on May 29, 2012 under Bankruptcy Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, you can file for bankruptcy if you have a garnishment against you; bankruptcy operates against all outstanding debts, even those which have been partially paid or in the process of being paid, and will also operate against all collections efforts, including then-in-place or in-effect garnishments.

You could also go into a debt consolidation program, but be very wary of those: creditors are NOT obligated to respect the fact that you have entered a debt consilidation program, and if the program causes them to not be paid as per any court orders, agreements, etc., it can cause you in incur more liability.

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