Wage Garnishment Lawyer in Melbourne, FL
Legal Options a Creditor Starts Taking Money Out of Your Paycheck
If a creditor has started garnishing your paycheck, or you just received notice that one is about to, you need to know whether bankruptcy can stop it and how fast. Filing for Chapter 7 or Chapter 13 triggers an automatic stay under 11 U.S.C. § 362 the moment your case is filed, not after a judge reviews your paperwork. That means the garnishment can stop within days, sometimes before your next paycheck.
Attorney David Mann personally handles every bankruptcy case that comes to Mann Law, from the first call through the final resolution. We represent clients across Brevard County, including Melbourne, Palm Bay, Viera, Rockledge, Cocoa, and Titusville, who are filing Chapter 7 or Chapter 13 in the U.S. Bankruptcy Court for the Middle District of Florida.
Call (321) 461-5482 or contact us online to talk with our attorney about stopping a wage garnishment in Melbourne, FL.
The Right Lawyer Can Make All the Difference
At Mann Law, You're Always the Priority
At Mann Law, we're more than just a law firm—we’re your advocate, your guide, and your trusted partner through some of life’s toughest moments. With insider experience, local roots, and a personal approach, we’re here to fight smart and treat you right.
-
We Know the Opposition
Before founding Mann Law, David Mann defended insurance companies—so he doesn’t have to guess what they’re thinking. He uses that insight to build stronger, smarter cases for you.
-
Recognized for Excellence
Named a New York Times Power Lawyer and honored in 40 Under 40, David Mann brings award-winning advocacy and leadership to every case he takes.
-
Client-First Approach
You'll work directly with your attorney—not handed off to a staffer. David is committed to giving every client the attention, communication, and respect they deserve.
-
Local Roots, Real Results
As a lifelong resident of Brevard County, David understands the needs of his community. He’s earned a reputation for caring service and powerful results throughout Florida.
Which Garnishments the Stay Can End for Good, and Which It Can’t
Not every garnishment goes away the same way. The type of debt behind it decides whether the stay offers permanent relief or just a pause.
Consumer debt is where bankruptcy does the most work. If the garnishment is tied to a credit card balance, a medical bill, or a personal loan, discharging that debt in Chapter 7 or completing your Chapter 13 plan can end the garnishment for good. Once the debt is gone, there’s nothing left for the creditor to collect against.
Garnishments that can end for good versus those that can’t:
- Credit card and personal loan debt – Dischargeable in most Chapter 7 cases, which ends the related garnishment once the case closes.
- Medical debt – Treated the same as other consumer debt and typically dischargeable.
- Child support and alimony – Excepted from discharge, so this garnishment continues or can resume after your case.
- Most income tax debt – Rarely dischargeable, and the IRS or Florida Department of Revenue can resume collection.
- Student loans – Excepted from discharge in nearly all cases, so this garnishment continues after your bankruptcy closes.
Before you file, we’ll tell you plainly which category your garnishment falls into. You shouldn’t be counting on relief the law doesn’t provide.
What Happens After You File
Filing starts the stay, but a few things must still happen before the withholding stops. Your bankruptcy case gets a case number, and notice of your filing goes out to every creditor listed in your petition.
Your employer also needs notice, either from you, from your creditor, or from the court, so payroll knows to stop withholding under the garnishment order. Most employers stop the deduction within one or two pay cycles once they have that notice. If a creditor keeps collecting after receiving notice of your filing, that’s a violation of the stay, and it’s something our wage garnishment attorney addresses immediately on your behalf.
Frequently Asked Questions About Wage Garnishment and Bankruptcy
The following are the questions clients ask most often about how bankruptcy affects an existing or upcoming wage garnishment. If your situation involves details these answers don’t cover, we can go through your specific case together.
How Fast Does the Automatic Stay Stop a Garnishment?
The stay takes effect the moment your bankruptcy petition is filed. Your employer typically stops the withholding within one or two pay cycles once they receive notice of your filing from you, the creditor, or the court.
Can a Creditor Restart Garnishment After I File?
Not while the stay is active, and a creditor who tries is violating a federal court order. Once your case closes, a creditor can resume collection only if the underlying debt was not discharged or resolved through your Chapter 13 plan.
Does Bankruptcy Stop Child Support or Tax Garnishment?
Child support, alimony, and most tax debt are excepted from discharge, even though the automatic stay pauses most other collection activity. That means this type of garnishment can continue or resume even after you file.
What If My Employer Already Received a Garnishment Order?
An existing garnishment order doesn’t prevent the stay from applying. Once your employer receives notice of your bankruptcy filing, they’re required to stop withholding under that order unless the debt falls into one of the excepted categories.
