If you are thinking of filing bankruptcy due to a Wage Garnishment Order, you are probably wondering whether or not the bankruptcy will simply only stop future garnishments or whether it will also help you to get your garnished wages back. As long as your wages are not being garnished due to unpaid child support or student loans for example, then filing bankruptcy will stop your future wages from being garnished and it might be possible to get some of your garnished wages back. But, the surroundings circumstances must be in your favor in order to get you wages back; specifically,
- The wages garnished must have been $600.00 or more within the 90 days prior to filing bankruptcy as you can only recover garnished wages from the 90 days preceding filing bankruptcy; and
- You can exempt the wages once they are returned to you.