1. What is wage garnishment?
2. Will bankruptcy stop wage garnishments?
3. Do I have to be sued first before my income can be garnished?
4. How is garnishment computed?
5. Can more than one creditor garnish me at a time?
6. What happens to my employer?
7. Can my employer fire me because I have been garnished?
8. Suppose my employer makes an error and takes too much out of my check?
9. My paycheck was garnished 2 months before I filed for bankruptcy. What can I do?
10. Can bank accounts be garnished?

1. What is wage garnishment?
   Garnishment is a process by which creditors—who have court judgments against you-- take a part of your wages in order to collect on your debt. Your employer will be ordered to pay a portion of your wages directly to the court. That money will then be paid over to the creditor. Any questions at all on Garnishment or anything else related to Bankruptcies or Foreclosures? I am a lawyer and I give advice on Bankruptcy and Foreclosures in Louisville, Kentucky and Southern Indiana. CALL ME ON MY CELL NOW. I WILL PERSONALLY PICK UP OR CALL YOU BACK WITHIN 20 MINUTES. TEST ME! 502.592.9771.
   
   
2. Will bankruptcy stop wage garnishments?
   Yes. Once your case is filed, creditors are no longer entitled to garnish your wages for most debts that existed at the beginning of the case.  An exception is court ordered on-going child or family support.
   
   
3. Do I have to be sued first, before my income can be garnished?
   Yes.
   
   
4. How is garnishment computed?
   It’s usually 25% of Disposable Income (there is another—complicated-- test which rarely applies). DI is your Gross Earnings (before any deductions) less amounts required to be withheld by law: including federal, state and local taxes, unemployment insurance, social security, Medicare and state retirement systems. Other deductions like health insurance, life insurance, and charitable contributions are not legally required and therefore are not used to determine your disposable income.
   
   
5. Can more than one creditor garnish me at a time?
   Normally not – if one creditor is garnishing the maximum amount allowed by law, other creditors must wait until the first creditor’s judgment is satisfied.
   
   
6. What happens to my employer?
   Your employer is ordered by the Court to take money directly out of your paycheck to be sent to the Court.
   
   
7. Can my employer fire me because I have been garnished?
   No. This is prohibited by law.
   
   
8. Suppose my employer makes an error and takes too much out of my check?
   You can go to the Circuit Clerks Office and complete an Affidavit to Challenge Garnishment. The Clerk will set a hearing for you to appear in Court to contest the Garnishment. At the hearing the Judge will check the withholding made by your employer to determine if a mistake has been made. If a portion of your wages was improperly taken the judge will order it returned to you.
   
   
9. My paycheck was garnished 2 months before I filed for bankruptcy. What can I do?
   If $600 or more was garnished from one paycheck up to 90 days before filing, you should be able to get it back. Example: you won’t be able to get back two garnishments of $300, 3 0f $200. You can get back 2 or 3 of $600 or more.
   
   
10. Can bank accounts be garnished?
    Bank accounts can be garnished. Bill collectors obtain money judgments (usually by default) and then use the judgment to freeze the funds in your bank account.

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