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

UPDATED: May 29, 2012

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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 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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