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Recovering Garnished Funds
What Can Be Garnished
A garnishment can have a devastating impact on an individual's or family's budget. Wages may be garnished up to 25% of your net pay until the debt is satisfied. Your entire bank account balance may be taken to satisfy the debt owed. State tax refunds can be intercepted year after year until a debt is paid off. Having these funds taken from you can cause you to miss other debt obligations or to be unable to meet yours or your family's basic needs, which is why it is always best to prevent the garnishment from starting.
If funds have been garnished within 90 days of filing a Chapter 7 or Chapter 13 and the total amount taken exceeds $600.00, we can recover those funds and have them returned to you.
Upon receiving a judgment and obtaining a writ of garnishment, a creditor may be able to garnish funds from your wages, bank accounts and state tax refunds. Filing a Chapter 7 or Chapter 13 can stop a garnishment and prevent a creditor from taking the money that you and your family need.
People are often unaware of their options for avoiding a garnishment or they do not know they are going to be garnished until money has already been taken. While not ideal, an active garnishment can be stopped by filing Chapter 7 or Chapter 13.
Stopping a Garnishment