Does filing bankruptcy stop every wage garnishment?

No. A petition generally operates as a stay of listed acts, including enforcing a prepetition judgment and collecting prepetition claims (11 U.S.C. § 362(a)). But § 362(b) states exceptions, including withholding of income for a domestic support obligation under a judicial or administrative order or a statute. Repeat filings are limited under § 362(c)(3) and (c)(4), and a court may grant relief under § 362(d) after notice and a hearing.

What do the repeat-filing rules in § 362(c) actually say?

Section 362(c)(3) applies when a single or joint case is filed by or against an individual under chapter 7, 11, or 13, and a case of the debtor was pending within the preceding 1-year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b). The stay as to any action with respect to a debt, property securing it, or any lease terminates with respect to the debtor on the 30th day after the later filing. On a party in interest's motion, after notice and a hearing completed before that 30-day period expires, the court may extend the stay only on a showing of good faith as to the creditors to be stayed.

What if two or more of my prior cases were dismissed in the past year?

Section 362(c)(4) applies when a later single or joint case is filed by or against an individual under title 11, and two or more single or joint cases of the debtor were pending within the previous year but were dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b). The stay does not go into effect upon that filing. Within 30 days after that filing a party in interest may request a stay, which the court may order after notice and a hearing only on a showing of good faith as to the creditors to be stayed, effective on entry of the order. That is a request window, not a completed-hearing deadline.

Can my employer fire me because of the garnishment?

North Dakota law states that no employer may discharge an employee because earnings have been subjected to garnishment or execution, and an employee discharged in violation may bring a civil action within ninety days of discharge (N.D.C.C. § 32-09.1-18). Federal law separately bars discharge because earnings have been garnished for any one indebtedness (15 U.S.C. § 1674).

How long can one North Dakota wage garnishment last?

A plaintiff may obtain a 270-day continuing lien on wages, and the garnishee holds the nonexempt portion as earnings accrue through the last payroll period ending on or before 270 days from the summons's effective date, until the sum held equals the amount stated in the summons, or until the employment relationship terminates, whichever first occurs (N.D.C.C. § 32-09.1-21). Separately, a garnishee summons lapses 360 days after service unless extended by written agreement of the parties or by court order (N.D.C.C. § 32-09.1-20).

Can I use the federal exemption list if I file in North Dakota?

Which state's exemptions apply is set by § 522(b)(3)(A): the state or local law applicable where your domicile was located for the 730 days immediately preceding filing, or, if your domicile was not in a single state for that period, where it was located for the 180 days immediately preceding those 730 days, or for a longer portion of that 180-day period than any other place. Where North Dakota law is the law selected, filers may not elect the federal § 522(d) list, because North Dakota has opted out (N.D. Cent. Code § 28-22-17). Section 522(b)(3)(A) still reaches property exempt under other federal law, and § 522(b)(3)(C) addresses qualifying retirement funds. If the effect of the domiciliary requirement is to render the debtor ineligible for any exemption, the debtor may elect the property specified under § 522(d).

Wages & debt

Wage Garnishment in North Dakota: What the Law Says and What Bankruptcy Changes

For ordinary judgment collection, North Dakota caps the part of your aggregate disposable weekly earnings subject to garnishment at the lesser of 25% of those earnings or the amount exceeding 40 times the federal minimum hourly wage in effect when the earnings are payable. That maximum is reduced by $20 for each dependent family member residing with you, subject to the signed-list requirements below. Court support orders, bankruptcy-court orders under chapter XIII of the Bankruptcy Act, and state or federal tax debts are excepted from that ceiling (N.D.C.C. § 32-09.1-03).

Key points

For ordinary judgment collection under chapter 32-09.1, a creditor must first obtain a judgment, and garnishment is the exclusive procedure for reaching earnings a third-party employer holds (N.D.C.C. § 32-09.1-02).
Subsection 1's ordinary ceiling is the lesser of two figures, and subsection 3 excepts only that restriction for court support orders, bankruptcy orders under chapter XIII of the Bankruptcy Act, and state or federal tax debts (N.D.C.C. § 32-09.1-03).
To claim the $20-per-dependent reduction, the statute directs a signed list to the employer within ten days after receipt of the garnishment summons; a later list applies going forward (N.D.C.C. § 32-09.1-03).
Several different clocks apply, including at least ten days' advance notice before issuance and an exemption claim at or before twenty days after service of the garnishee summons (N.D.C.C. §§ 32-09.1-04, 32-09.1-22).
Filing a bankruptcy petition generally operates as an automatic stay under 11 U.S.C. § 362(a), subject to stated exceptions, repeat-filing limits and court-ordered relief.

If part of your paycheck is already gone, the first useful thing is knowing what the statute actually permits and what it requires of the creditor. This page explains ordinary postjudgment wage garnishment in North Dakota under chapter 32-09.1, and what filing a bankruptcy case can change. It is general information, not legal advice, and it does not determine your rights.

How much of your pay can be garnished in North Dakota?

For ordinary judgment collection, the statute caps what is subject to garnishment in any workweek at the lesser of 25% of disposable earnings for that week, or the amount by which disposable earnings for that week exceed 40 times the federal minimum hourly wage in effect at the time the earnings are payable. For pay periods other than a week, the statute refers to an equivalent multiple prescribed by regulation by the secretary of labor (N.D.C.C. § 32-09.1-03). Disposable earnings means earnings remaining after deducting amounts required by other law to be withheld (N.D.C.C. § 32-09.1-01). That cap is not the whole picture. Subsection 3 states the restrictions do not apply to any court order for the support of any person, any order of a court of bankruptcy under chapter XIII of the Bankruptcy Act, or any debt due for state or federal tax. Support orders carry their own separate percentages.

Compare both figures and the lesser one governs the week.
The federal minimum wage used is the one in effect when the earnings are payable, not when the judgment was entered.
A tax debt is not simply subject to a higher ordinary cap; the subsection 1 restrictions do not apply to it at all.

How does the dependent reduction work, and what is the ten-day list?

The maximum subject to garnishment under subsection 1 must be reduced by $20 for each dependent family member residing with the garnishment debtor. That lowers the garnishable maximum; it does not raise gross wages or automatically refund amounts already withheld. Within ten days after receipt of the garnishment summons, you provide your employer a list, signed under penalty of perjury, of the names and Social Security numbers, if any, of the dependents who reside with you. Failing to provide it means you are presumed to claim no dependents, though a list provided later takes effect for amounts subject to garnishment after that date (N.D.C.C. § 32-09.1-03). The summons form language in N.D.C.C. § 32-09.1-07 calls that failure conclusive; this page does not resolve the difference.

Dependent list timing as the statutes describe it
Timing	What the statute states
Within ten days after receipt of the summons	Signed list of resident dependents and Social Security numbers, if any, goes to the employer
No list provided	Presumed that no dependents are claimed
List provided later	Claimed exemptions in effect for amounts subject to garnishment after the date provided

What do North Dakota statutes require of creditors and courts?

A creditor may proceed by garnishment only after securing a judgment against the debtor in a court of competent jurisdiction, and a garnishment action under this chapter is the exclusive procedure for executing on earnings while a third-party employer holds them (N.D.C.C. § 32-09.1-02). A garnishee summons may be issued at any time after judgment in an action for the recovery of money (N.D.C.C. § 32-09.1-06). At least ten days before issuance of a garnishee summons against earnings, the creditor must serve the debtor with notice that a summons may issue, personally or by first-class mail; failure to serve that notice renders any subsequent garnishment void (N.D.C.C. § 32-09.1-04). A renewal of an expiring continuing lien uses a separate alternative notice served at least ten but no more than twenty days before expiration. The statute also directs that copies of the papers served on the garnishee be served on the debtor personally or by first-class mail not later than ten days after service on the garnishee (N.D.C.C. § 32-09.1-08). No court of this state may make, execute, or enforce an order in violation of the earnings restriction (N.D.C.C. § 32-09.1-03).

The garnishee's written disclosure under oath is due to the creditor or the creditor's attorney within twenty days after service of the summons (N.D.C.C. §§ 32-09.1-07, 32-09.1-09).
That twenty-day disclosure duty belongs to the employer, not to you.

Which income is protected from garnishment under North Dakota law?

The chapter defines earnings as compensation for personal services, whether called wages, salary, commission, bonus, or otherwise, and includes periodic payments under a pension or retirement program and military retirement pay. Earnings does not include Social Security benefits or veterans' disability pension benefits, except when those benefits are subject to garnishment to enforce an order for the support of a dependent child (N.D.C.C. § 32-09.1-01). These wage rules address earnings an employer holds; they do not make a bank account immune. Wages are exempt from all process or levy only to the extent provided in N.D.C.C. § 32-09.1-03 (N.D. Cent. Code § 28-22-18). Basic no-fault motor vehicle benefits are exempt from garnishment, attachment and execution only to the extent wages or earnings are exempt under applicable law (N.D. Cent. Code § 26.1-41-10).

Pension and retirement periodic payments and military retirement pay fall inside the chapter's earnings definition.
Identify the source of the money being withheld: paycheck, pension, or benefit deposit.

Which statutory protections may matter when contesting a North Dakota garnishment?

To claim that the indebtedness or property, or part of it, is exempt, the statute directs that at or before twenty days after service of the garnishee summons you file a schedule of all personal property, sworn as provided in N.D. Cent. Code § 28-22-07 (N.D.C.C. § 32-09.1-22). Property not included in that schedule is not exempt. The court may hear and determine the claim at any time after it is made, on three days' notice to the plaintiff (N.D.C.C. § 32-09.1-23). That is a notice requirement, not a hearing deadline. A separate ten-day period after service of notice of levy, in N.D. Cent. Code § 28-22-06, governs levy rather than this deadline. No employer may discharge an employee because earnings have been subjected to garnishment or execution; the employee may bring a civil action within ninety days of discharge (N.D.C.C. § 32-09.1-18).

Filing an exemption claim does not itself guarantee release, reimbursement or reinstatement.
Federal law separately bars discharge because earnings were garnished for any one indebtedness (15 U.S.C. § 1674).
A continuing wage lien reaches earnings through the last payroll period ending on or before 270 days from the summons's effective date, until the sum held equals the amount stated, or until employment ends, whichever first occurs (N.D.C.C. § 32-09.1-21).
Separately, a garnishee summons lapses 360 days after service unless the parties agree in writing or the court orders longer (N.D.C.C. § 32-09.1-20).

How does filing bankruptcy affect a North Dakota garnishment?

Filing a voluntary petition commences the case and constitutes an order for relief (11 U.S.C. § 301), and the petition itself generally operates as a stay applicable to all entities of the acts listed in 11 U.S.C. § 362(a), including enforcement of a prepetition judgment and acts to collect a prepetition claim. No separate order creates that stay, and it does not reach every form of collection: § 362(b) states exceptions, including withholding of income for payment of a domestic support obligation under a judicial or administrative order or a statute, at § 362(b)(2)(C). How long the stay lasts is governed by § 362(c), which also limits repeat filings under (c)(3) and (c)(4). A court may grant relief from the stay on request of a party in interest after notice and a hearing (§ 362(d)).

A creditor's request for relief is not itself a result; any change comes from the court's decision after notice and a hearing.
When North Dakota law governs under § 522(b)(3)(A)'s domicile rule, filers may not elect the federal § 522(d) list (N.D. Cent. Code § 28-22-17); other federal-law and qualifying retirement exemptions are separate (see FAQ).

What should you ask a lawyer about a North Dakota garnishment?

Bring the papers you received and the dates on them. Legal aid or a bankruptcy lawyer can tell you which clock is running and whether the creditor followed the statute. Start with these questions.

Was the advance notice under N.D.C.C. § 32-09.1-04 served at least ten days before the garnishee summons issued, and what follows if it was not?
Was the garnishment debtor's dependent list delivered within ten days after receipt, and how does the later-list provision in § 32-09.1-03(2) apply to amounts already withheld?
Is my exemption claim under § 32-09.1-22 still available given the date of service, and what belongs in the sworn schedule?
Is this collection ordinary judgment garnishment, support withholding, or a tax debt, and which statutory limits apply?
If I file, which § 362(b) exceptions or repeat-filing rules in § 362(c) could affect the stay in my situation?

Frequently asked questions

Does filing bankruptcy stop every wage garnishment?: No. A petition generally operates as a stay of listed acts, including enforcing a prepetition judgment and collecting prepetition claims (11 U.S.C. § 362(a)). But § 362(b) states exceptions, including withholding of income for a domestic support obligation under a judicial or administrative order or a statute. Repeat filings are limited under § 362(c)(3) and (c)(4), and a court may grant relief under § 362(d) after notice and a hearing.
What do the repeat-filing rules in § 362(c) actually say?: Section 362(c)(3) applies when a single or joint case is filed by or against an individual under chapter 7, 11, or 13, and a case of the debtor was pending within the preceding 1-year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b). The stay as to any action with respect to a debt, property securing it, or any lease terminates with respect to the debtor on the 30th day after the later filing. On a party in interest's motion, after notice and a hearing completed before that 30-day period expires, the court may extend the stay only on a showing of good faith as to the creditors to be stayed.
What if two or more of my prior cases were dismissed in the past year?: Section 362(c)(4) applies when a later single or joint case is filed by or against an individual under title 11, and two or more single or joint cases of the debtor were pending within the previous year but were dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b). The stay does not go into effect upon that filing. Within 30 days after that filing a party in interest may request a stay, which the court may order after notice and a hearing only on a showing of good faith as to the creditors to be stayed, effective on entry of the order. That is a request window, not a completed-hearing deadline.
Can my employer fire me because of the garnishment?: North Dakota law states that no employer may discharge an employee because earnings have been subjected to garnishment or execution, and an employee discharged in violation may bring a civil action within ninety days of discharge (N.D.C.C. § 32-09.1-18). Federal law separately bars discharge because earnings have been garnished for any one indebtedness (15 U.S.C. § 1674).
How long can one North Dakota wage garnishment last?: A plaintiff may obtain a 270-day continuing lien on wages, and the garnishee holds the nonexempt portion as earnings accrue through the last payroll period ending on or before 270 days from the summons's effective date, until the sum held equals the amount stated in the summons, or until the employment relationship terminates, whichever first occurs (N.D.C.C. § 32-09.1-21). Separately, a garnishee summons lapses 360 days after service unless extended by written agreement of the parties or by court order (N.D.C.C. § 32-09.1-20).
Can I use the federal exemption list if I file in North Dakota?: Which state's exemptions apply is set by § 522(b)(3)(A): the state or local law applicable where your domicile was located for the 730 days immediately preceding filing, or, if your domicile was not in a single state for that period, where it was located for the 180 days immediately preceding those 730 days, or for a longer portion of that 180-day period than any other place. Where North Dakota law is the law selected, filers may not elect the federal § 522(d) list, because North Dakota has opted out (N.D. Cent. Code § 28-22-17). Section 522(b)(3)(A) still reaches property exempt under other federal law, and § 522(b)(3)(C) addresses qualifying retirement funds. If the effect of the domiciliary requirement is to render the debtor ineligible for any exemption, the debtor may elect the property specified under § 522(d).

Sources

N.D.C.C. § 32-09.1-01 — Definitions
N.D.C.C. § 32-09.1-02 — Creditors may proceed by garnishment
N.D.C.C. § 32-09.1-03 — Restriction on garnishment of earnings
N.D.C.C. § 32-09.1-04 — Notice before garnishment of earnings
N.D.C.C. § 32-09.1-06 — Garnishee summons
N.D.C.C. § 32-09.1-07 — Form of summons and notice
N.D.C.C. § 32-09.1-08 — Service
N.D.C.C. § 32-09.1-09 — Disclosure
N.D.C.C. § 32-09.1-18 — Discharge from employment for garnishment or execution prohibited
N.D.C.C. § 32-09.1-20 — Termination of garnishment
N.D.C.C. § 32-09.1-21 — Continuing lien on wages
N.D.C.C. § 32-09.1-22 — Claim of exemptions - How made
N.D.C.C. § 32-09.1-23 — Claim of exemptions - When heard
N.D. Cent. Code § 28-22-06 — Claim to be made within ten days
N.D. Cent. Code § 28-22-07 — How exemptions claimed - Appraisal
N.D. Cent. Code § 28-22-17 — Federal exemptions not available
N.D. Cent. Code § 28-22-18 — Wages - Exemption restricted
N.D. Cent. Code § 26.1-41-10 — Exemption of no-fault benefits from process
11 U.S.C. § 301 — Voluntary cases
11 U.S.C. § 362 — Automatic stay · official source
11 U.S.C. § 522 — Exemptions · official source
15 U.S.C. § 1673 — Restriction on garnishment
15 U.S.C. § 1674 — Restriction on discharge from employment by reason of garnishment

By Antonio G. Jimenez, Esq. · Florida Bar No. 21022

Sources verified October 18, 2026 · How we verify

Every figure on this page is drawn from a primary legal source and checked against our canonical legal database before publication. Bankruptcy.law is not a law firm and does not provide legal advice.

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