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Can Bankruptcy Stop Wage Garnishment in Ohio?

Can Bankruptcy Stop Wage Garnishment in Ohio?

August 16, 20253 min read

Introduction

If you’ve opened a paycheck and seen a big chunk missing, you already know how stressful wage garnishment can be. In Ohio, creditors can take up to 25% of your disposable income to repay certain debts. The good news? Bankruptcy can stop most wage garnishments immediately—sometimes even before your next payday. This guide explains how it works, which types of garnishments it can stop, and why acting quickly matters.

How Wage Garnishment Works in Ohio

Wage garnishment happens after a creditor gets a court judgment against you. Your employer is then legally required to withhold part of your paycheck and send it directly to the creditor.

Common debts that can lead to garnishment:

  • Credit card balances

  • Personal loans

  • Medical bills

  • Court judgments

  • Certain back taxes

Ohio limits:

  • Up to 25% of disposable earnings (after taxes and mandatory deductions)

  • Or the amount by which weekly earnings exceed 30 times the federal minimum wage — whichever is less

How Bankruptcy Stops Wage Garnishment

When you file for bankruptcy, the court issues an automatic stay—a legal order that stops most collection actions, including wage garnishments.

What the automatic stay does:

  • Stops wage garnishment immediately

  • Freezes most bank levies and lawsuits

  • Puts creditor contact on hold

Exceptions:
The automatic stay does not stop garnishments for:

  • Child support

  • Alimony

  • Some recent tax debts

Chapter 7 vs. Chapter 13 for Wage Garnishmentn Ohio

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Can You Get Back Garnished Wages?

Sometimes. If the creditor took more than $600 in the 90 days before you filed, your bankruptcy attorney may be able to recover it—especially in Chapter 7—if the money is considered a preferential payment under bankruptcy law.

Steps to Stop Wage Garnishment with Bankruptcy

  1. Act fast—once filed, the automatic stay kicks in immediately.

  2. Complete credit counseling before filing (required by law).

  3. File your bankruptcy petition (Chapter 7 or 13).

  4. Notify your employer and the court handling the garnishment.

  5. Follow through—in Chapter 13, make all plan payments; in Chapter 7, complete debtor education for discharge.

FAQs About Stopping Garnishment

Q: Will bankruptcy erase the debt causing the garnishment?
Usually yes, if it’s an unsecured debt like credit cards or medical bills. Priority debts (child support, certain taxes) remain.

Q: How soon will my paycheck be back to normal?
Often by the very next pay cycle after filing.

Q: Can a creditor restart garnishment after bankruptcy?
Not for discharged debts. For debts not wiped out, garnishment could resume after the case.

Q: Do I need a lawyer?
Technically no, but wage garnishment cases move quickly—an attorney ensures correct filing and maximum protection.

Conclusion + Call to Action

Bankruptcy is one of the fastest and most effective ways to stop wage garnishment in Ohio. Whether you file Chapter 7 to eliminate the debt entirely or Chapter 13 to repay over time, the automatic stay gives you immediate relief and a chance to rebuild.

If garnishment is cutting into your paycheck, time is critical—the sooner you file, the sooner your wages are protected.

Christopher Gallutia, Attorney at Law has over 36 years of bankruptcy experience helping Ohio residents stop garnishments and regain financial control.

📞 (614) 575-1145Free Consultation • Reynoldsburg, OH

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