Stopping Wage Garnishment in Alabama
There are few financial situations more stressful and demoralizing than wage garnishment. You work hard for your money, relying on it to pay your mortgage, put food on the table, and care for your family. Suddenly, a creditor obtains a court order, and a significant portion of your paycheck—up to 25% of your disposable income—vanishes. It can feel like you’re trapped in a cycle you can’t escape.
At The Brent W Davis and Associates Law Firm, we understand the panic and helplessness this causes. For over 20 years, we’ve helped thousands of Alabamians navigate this exact crisis. The good news is that you have powerful legal rights. The most effective tool to stop a wage garnishment immediately is filing for bankruptcy protection.
What is the “Automatic Stay”? Your Most Powerful Protection
When you file for Chapter 7 or Chapter 13 bankruptcy, the court issues an immediate injunction called the “Automatic Stay.” This is not a suggestion to your creditors; it is a legally binding federal court order.
The Automatic Stay commands all creditors to cease all collection activities against you instantly. This includes:
- Stopping Wage Garnishments: Your employer will be legally notified to stop withholding money from your paycheck for the creditor in question.
- Halting Lawsuits: Any pending lawsuits against you are frozen.
- Ending Harassing Calls and Letters: Creditors are forbidden from contacting you directly.
- Preventing Foreclosure and Repossession: The stay temporarily stops these actions, giving you time to figure out a long-term solution.
The moment our office files your case, the Automatic Stay is in effect. We can notify your employer’s payroll department immediately, often stopping the garnishment before the next pay cycle. This provides immediate, tangible relief and gives you the breathing room you desperately need to assess your financial situation without the pressure of a shrinking paycheck.
How Does Bankruptcy Address the Underlying Debt?
Stopping the garnishment is the first step, but bankruptcy is designed to solve the root problem.
- In Chapter 7 Bankruptcy: This is often called “liquidation” bankruptcy. It is designed to wipe out your unsecured debts, such as credit card bills, medical debt, and personal loans. Once the garnishment is stopped by the Automatic Stay, the underlying debt that caused it is typically discharged (eliminated) forever at the end of the case. For most of our clients, this process takes about 90-120 days, and they never have to worry about that creditor garnishing their wages again.
- In Chapter 13 Bankruptcy: This is a “reorganization” plan. It is often used by individuals who have a steady income but have fallen behind, or for those who want to protect assets that might not be covered in a Chapter 7. When you file Chapter 13, the garnishment stops, and the debt is included in a manageable 3-to-5-year repayment plan. You make one affordable monthly payment to a trustee, who then distributes it to your creditors. This can drastically reduce your overall monthly outlay and allows you to catch up on mortgages or car loans.
Don’t Wait—Take Action to Protect Your Income
Ignoring a wage garnishment is the worst thing you can do. The problem will not go away on its own. Every day you wait is potentially another day of lost income. You have worked too hard to see your wages disappear.
If you have been threatened with garnishment or are already being garnished, the time to act is now. Contact The Brent W Davis and Associates Law Firm for a free, confidential consultation. We will sit down with you, review your specific situation, and explain your options in plain English. We can help you understand if bankruptcy is the right tool to stop the garnishment, eliminate your debt, and put you on the path to a secure financial future. Call us today and let us help you protect what you’ve earned.
