What Is Wage Garnishment?

Wage garnishment is a legal process where a portion of your paycheck is automatically taken and sent to a creditor.

In Georgia, a creditor must get a court judgment before garnishing your wages (except for certain debts like child support, taxes, or student loans). Once that judgment is granted, your employer is legally required to deduct money from your paycheck until the debt is satisfied.

How Bankruptcy Stops Garnishment

When you file for bankruptcy, the court issues an automatic stay—a powerful legal protection that:

• Stops most collection efforts immediately
• Prevents creditors from garnishing your wages
• May allow you to recover wages taken just before you filed

This protection kicks in as soon as your case is filed, so acting quickly can make a huge difference in how much you lose to garnishment.

Chapter 7 vs. Chapter 13: What’s the Difference?

Chapter 7 Bankruptcy

• Best for people with lower income and mostly unsecured debts (credit cards, medical bills, etc.)
• Garnishment stops once your case is filed
• Most of the time, the underlying debt gets wiped out completely

Chapter 13 Bankruptcy

• Great for people who are behind on major payments like mortgages or car loans
• Garnishment stops, and the debt is included in a 3–5 year repayment plan
• You may end up paying only a portion of what you owe

Is It Too Late to File Bankruptcy If Wage Garnishment Has Already Started?

No—it’s not too late. Even if the garnishment has already begun, bankruptcy can:

• Stop future garnishments
• In some cases, help you recover some of the money taken within the 90 days before you filed (especially if it was over $600 total to a single creditor)

Georgia Wage Garnishment Limits

Under Georgia law, most creditors can garnish:

• Up to 25% of your disposable income, or
• The amount your weekly wages exceed 30 times the federal minimum wage,
  Whichever is less.

But these protections still mean a significant loss of income—especially if you're already struggling to pay your bills.

Don’t Let Garnishment Take Over Your Life

At Jack Setters Attorney at Law, we’ve helped countless people across Georgia put an end to wage garnishments and get the fresh start they deserve. We’ll walk you through your options, help you understand the laws, and make sure you keep as much of your paycheck—and your peace of mind—as possible.

Contact us today to schedule a free consultation and learn how bankruptcy can help you fight back.