Can Bankruptcy Stop Wage Garnishment in Washington?
Can Bankruptcy Stop Wage Garnishment in Washington?
Watching part of your paycheck disappear before it ever reaches your bank account is stressful. Rent, groceries and car payments don't get smaller just because a creditor is taking a cut. If you're dealing with wage garnishment in Tacoma or anywhere in Washington, you may be wondering whether bankruptcy can make it stop.

In most cases, the answer is yes. Here's how it works, which garnishments bankruptcy can and can't stop, and how to decide between Chapter 7 and Chapter 13.
What Is Wage Garnishment?
Wage garnishment is when a creditor gets a legal order requiring your employer to take money from your paycheck and send it directly to the creditor. Usually, a creditor has to sue you and win a court judgment first. Some creditors, like the federal government for defaulted student loans or unpaid taxes, can garnish wages without going to court.
How Much Can Be Garnished in Washington?
Washington law limits how much a creditor can take, and the limit depends on the type of debt. Under RCW 6.27.150:
- Consumer debts (like credit cards and personal loans): you keep the greater of 80% of your disposable earnings or 35 times the state minimum wage per week. With Washington's 2026 minimum wage at $17.13 an hour, that protects about $599.55 per week.
- Private student loans: you keep the greater of 85% of disposable earnings or 50 times the state minimum wage per week.
- Other judgments: you keep the greater of 75% of disposable earnings or 35 times the federal minimum wage per week.
Even with these limits, losing 15% to 25% of your take-home pay can quickly put a household behind on bills.
How Bankruptcy Stops Garnishment: The Automatic Stay
The moment you file for bankruptcy, a powerful federal protection called the automatic stay goes into effect. It orders most creditors to stop all collection activity right away, including:
- Wage garnishments
- Bank account levies
- Collection calls and letters
- Lawsuits
- Most foreclosures and repossessions
Once your case is filed, your attorney will notify the creditor and, if needed, your employer, so the garnishment stops. Depending on your employer's payroll timing, you may see one more deduction before it takes effect. If a creditor keeps collecting after it knows about your bankruptcy, it can face penalties from the court.
Can You Get Garnished Money Back?
Sometimes. If a creditor garnished more than $600 from your wages in the 90 days before you filed, you may be able to recover some of that money through your bankruptcy case. Talk with your attorney about whether this applies to you.
Which Garnishments Can Bankruptcy Stop?
Bankruptcy can stop garnishments for most common debts, including:
- Credit card debt
- Medical bills
- Personal loans and payday loans
- Deficiency balances after a car repossession or foreclosure
- Federal and private student loans (the stay stops collection, even though discharging student loans is harder)
- Many tax debts, including IRS wage levies
Which Garnishments Bankruptcy Can't Stop
Some obligations are not stopped by the automatic stay. The most important are domestic support obligations, such as:
- Child support
- Alimony or spousal maintenance
These garnishments will continue even after you file. Also, if you've had a bankruptcy case dismissed within the past year, the automatic stay may only last 30 days unless the court extends it. That's another reason to get legal advice before you file.
Chapter 7 vs. Chapter 13: Which Is Right for You?
Both types of personal bankruptcy stop garnishment with the automatic stay. The difference is what happens next.
Chapter 7 Bankruptcy
Chapter 7 wipes out most unsecured debts, like credit cards and medical bills, usually in about four months. Once the debt behind the garnishment is discharged, the creditor can never garnish your wages for it again. Chapter 7 is often a good fit if your income is below Washington's median or you pass the means test. Learn more in our guide to Chapter 7 bankruptcy laws in Washington State.
Chapter 13 Bankruptcy
Chapter 13 sets up a three- to five-year repayment plan based on what you can afford. It's often the better choice if:
- Your income is too high for Chapter 7
- You're behind on your mortgage or car and want to keep them
- You owe tax debt or other debts that Chapter 7 can't discharge
Instead of a creditor taking a set amount from every paycheck, you make one manageable monthly payment to a trustee. See who qualifies for Chapter 13 bankruptcy in Washington.
Signs It May Be Time to Talk to a Bankruptcy Attorney
Consider getting help if:
- Your wages are already being garnished, or you've received notice of a lawsuit or judgment
- You're using credit cards to cover basic living expenses
- You're falling behind on rent, your mortgage or your car payment
- Collection calls are constant
- You have more than one creditor threatening legal action
Acting early gives you more options. In some cases, you can file before a garnishment even starts.
Frequently Asked Questions
How fast does bankruptcy stop wage garnishment?
The automatic stay takes effect as soon as your case is filed. Your attorney will notify the creditor and your employer. Depending on payroll timing, the garnishment usually stops within a pay cycle or two.
Will my employer find out I filed for bankruptcy?
If your wages are being garnished, your employer will likely be notified so it can stop the deductions. However, federal law prohibits employers from firing you just because you filed for bankruptcy.
Can bankruptcy stop a child support garnishment?
No. Child support and alimony garnishments continue during bankruptcy. Chapter 13 can help you organize other debts so support payments are easier to manage.
Talk to a Tacoma Bankruptcy Lawyer Today
You don't have to keep losing part of every paycheck. The attorneys at the Law Offices of David Smith, PLLC, led by David C. Smith, help individuals and families in Pierce, King, Thurston, Kitsap and Lewis counties stop wage garnishment and get a fresh financial start through Chapter 7 and Chapter 13 bankruptcy.
We offer a free 30-minute consultation, and virtual appointments are available. Contact us today to learn how bankruptcy can protect your paycheck.
