Struggling with Wage Garnishment? Here’s How Bankruptcy Can Help
November 6, 2025
Struggling with Wage Garnishment? Here’s How Bankruptcy Can Help
Wage garnishment can be a distressing financial burden that limits your ability to pay for daily expenses, rent, or support your family. If a creditor has obtained a court order to garnish your wages, you might feel like you're out of options—but legal remedies are available. At Benjamin Legal Services, our experienced wage garnishment attorneys help clients in Chicago stop garnishment in its tracks through strategic bankruptcy filings and legal protections.
How Bankruptcy Stops Wage Garnishment
The moment you file for Chapter 7 or Chapter 13 bankruptcy, an automatic stay goes into effect. This is a court-ordered injunction that immediately halts most collection activities, including wage garnishment, lawsuits, phone calls, and repossessions. Creditors must legally stop garnishing your wages as soon as your bankruptcy case is filed.
However, garnishments for child support or spousal support are exempt from the automatic stay, and these obligations will continue.
Recovering Garnished Wages
Not only can bankruptcy stop future garnishments, but in many cases, it may also allow you to recover wages that were taken in the 90 days prior to your filing—if the amount meets certain thresholds and exemption rules under bankruptcy law. Our team at Benjamin Legal Services leverages aggressive litigation tactics to protect your income and explore avenues to recover funds already lost to garnishment.
Exemptions That Protect Your Assets
The bankruptcy code allows for various exemptions, including protections for home equity, vehicle equity, and wages. We assess your case carefully to determine how best to use these exemptions to your advantage and minimize your out-of-pocket exposure while resolving your debts.
Why Work with Benjamin Legal Services?
Since 1989, our attorneys have helped countless clients across the Chicagoland area regain financial stability. With flat-fee pricing and personalized guidance, we provide peace of mind through clear, honest, and effective legal counsel.
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