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Can I get the money that was garnished back if I file bankruptcy?
September 5, 2013
Can I get the money that was garnished back if I file bankruptcy? The answer is no unless you continue to fight the creditor in state court under some other argument like head of household or the original contract doesn't allow for garnishment and the state court rules in your favor. Bankruptcy will only prevent any future wage garnishments or bank garnishments. It will not get money back that was already taken or seized.

However, we have had creditors return funds because of the bankruptcy filing because they just don't want to fight over the little bit of money in state court when they will not get anything else because of the bankruptcy. So the sooner you file after getting garnished the more likely this will happen.