What Wage Garnishment Is and How It Starts in Kentucky
A wage garnishment lets a creditor take money straight from your paycheck. Your employer sends part of your pay to the creditor before you ever see it. For most consumer debts in Kentucky, this does not happen out of nowhere. The creditor must first sue you and win a court judgment. Only then can it ask the court for a garnishment order.
Some debts skip that step. Child support, back taxes, and defaulted federal student loans can reach your wages without a separate lawsuit. If your check is already short, you may be past the judgment stage. You still have options, and we can act fast.
How Much of Your Paycheck They Can Take
Federal law caps how much most creditors can garnish. Kentucky follows that federal limit for ordinary consumer debt. The cap is the lesser of two numbers. It is 25% of your disposable earnings. Or it is the amount your weekly disposable pay goes above 30 times the federal minimum wage. At $7.25 an hour, that protects the first $217.50 of weekly disposable pay.
Disposable earnings means what is left after required deductions like taxes. Some debts are not held to the 25% cap. Child or spousal support can take 50% to 60% of disposable earnings. It can take another 5% if you are more than 12 weeks behind. Defaulted federal student loans can take up to 15% without a court order. The IRS and Kentucky tax agencies are not bound by the 25% rule either. They can garnish without first going to court.
Kentucky does not add a state cap below the federal floor for ordinary consumer debt, so these federal numbers control. Even two garnishments at once for the same kind of debt cannot push past the single 25% limit on your pay.
How Filing Bankruptcy Stops a Garnishment Fast
Filing bankruptcy triggers something called the automatic stay. It comes from Section 362 of the federal Bankruptcy Code. The stay stops most garnishments right away. The moment your case is filed, the court notifies your creditors. They must stop collecting, including taking money from your pay.
For most people facing a judgment garnishment, this is the fastest way to make it stop. We can often file quickly when a paycheck is on the line. That speed can save your next check.
Chapter 7 vs. Chapter 13 for Garnishment Relief
Both chapters stop a garnishment through the automatic stay. They work in different ways after that. Chapter 7 can wipe out the debt behind the garnishment if that debt qualifies. Many credit card and medical debts qualify. Once the debt is discharged, the garnishment is gone for good.
Chapter 13 sets up a repayment plan that lasts three to five years. It can fold the garnished debt into one monthly plan payment. Chapter 13 also helps when the debt cannot be wiped out, like recent taxes or support arrears. Nick reviews your income and debts and helps you pick the right path.
Can You Get Garnished Wages Back?
Sometimes money taken right before you file can come back. Federal law calls certain pre-filing transfers a preference. If a creditor garnished a large amount shortly before filing, part of it may be recoverable. This is very case specific. It depends on timing, the amount, and your exemptions. We do not promise recovery. We do review every recent garnishment to see if a claim is worth making.
What to Do the Moment Your Pay Is Garnished
Time matters once a garnishment starts. The sooner you act, the more pay you protect. Keep your most recent pay stubs, because they show how much is being taken. Find the court papers if you have them, since they name the creditor and the case. Do not wait for the next payday to call. Each pay period that passes is money you may not get back. We can review the garnishment quickly and tell you whether filing will stop it.
Why Work With Nick Thompson
Nick Thompson has helped Kentucky families since 1991. He has practiced law since 1988, starting in West Virginia. He holds U.S. Tax Court License #51, which matters when taxes drive the garnishment. Nick prepares every petition with you himself. Your case is not handed to staff.
The first consultation is free. We serve Jefferson, Oldham, Bullitt, Spencer, Nelson, and Meade counties. We also take walk-in cases from Bowling Green and Owensboro. Our office is at 800 Stone Creek Parkway, Suite 6, in Louisville. We are open Monday through Friday, 9 a.m. to 5 p.m., with weekend appointments available.
FAQ
Can bankruptcy stop a garnishment that is already taking money from my paycheck?
Yes. Filing triggers the automatic stay under Section 362, which stops most active garnishments right away. The court notifies your employer and the creditor to stop. We can often file quickly when a paycheck is being garnished.
How much of my pay can a creditor garnish in Kentucky?
For ordinary debt, the most is 25% of disposable earnings. The first $217.50 of weekly disposable pay is protected at the $7.25 minimum wage. Support, taxes, and student loans follow different, higher limits.
Do you help with garnishments outside Louisville, like Oldham or Bullitt County?
Yes. We serve Jefferson, Oldham, Bullitt, Spencer, Nelson, and Meade counties. We also take walk-in cases from Bowling Green and Owensboro. Call 502-625-0905 to talk about your garnishment.
Is the consultation free?
Yes. Your first consultation with Nick is free. He meets with you personally to review the garnishment and your options. There is no cost to find out where you stand.
Call to Action
Is a creditor taking your paycheck? Call Nick Thompson at 502-625-0905 for a free consultation in Louisville. We will review your garnishment and explain how to stop it.