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Understanding How Chapter 128 Can Halt Wage Garnishment

Posted by Nathan DeLadurantey | Nov 08, 2023

In times of financial distress, individuals may find themselves facing wage garnishment, a legal process that allows creditors to collect debts by deducting money directly from a debtor's paycheck. This can significantly impact an individual's financial stability, making it challenging to cover essential expenses and manage other financial obligations. However, in Wisconsin, individuals have the option of utilizing Chapter 128 as a strategic tool to halt wage garnishment and regain control of their financial situation. Understanding how Chapter 128 can effectively stop wage garnishment is crucial for individuals seeking relief from aggressive debt collection tactics.

What is Chapter 128?

Chapter 128, also known as Wisconsin's wage earner's plan, is a legal mechanism that allows individuals to create a voluntary repayment plan to manage their debts. One of the key benefits of Chapter 128 is its ability to provide immediate relief from wage garnishment, offering individuals the opportunity to proactively address their debts without the need for extensive court proceedings or the liquidation of assets. By initiating the Chapter 128 process, individuals can effectively put a stop to wage garnishment, enabling them to take control of their finances and work towards a sustainable debt repayment plan.

How Chapter 128 Stops Wage Garnishment:

  1. Automatic Stay Provision: Upon filing for Chapter 128, an automatic stay provision is activated, which immediately halts all forms of debt collection activities, including wage garnishment. This provision provides individuals with a temporary reprieve from creditor actions, allowing them to explore feasible debt repayment options without the added pressure of ongoing wage garnishment.

  2. Creation of a Repayment Plan: As part of the Chapter 128 process, individuals work with a court-appointed trustee to develop a feasible repayment plan that outlines how they intend to repay their debts over a three-year period. This plan serves as a structured approach to managing debts, providing a clear roadmap for individuals to gradually settle their financial obligations without the threat of wage garnishment.

  3. Protection from Creditors: Under Chapter 128, individuals are granted protection from creditors, preventing them from taking further legal action to collect debts during the repayment period outlined in the plan. This protection allows individuals to focus on adhering to the repayment plan and rebuilding their financial stability without the constant worry of wage garnishment or other aggressive debt collection measures.

Steps to Halt Wage Garnishment Using Chapter 128:

  1. Consultation with a Legal Professional: Seek guidance from a legal professional experienced in Chapter 128 to assess your financial situation and determine whether Chapter 128 is the appropriate solution to halt wage garnishment.

  2. Filing for Chapter 128: Initiate the Chapter 128 process by filing a petition with the circuit court in the county where you reside. Upon filing, the automatic stay provision will be activated, effectively putting a stop to wage garnishment and other debt collection activities.

  3. Development of a Repayment Plan: Work closely with the court-appointed trustee to create a comprehensive repayment plan that aligns with your financial capabilities and obligations. Ensure the plan is feasible and sustainable over the designated three-year period.

  4. Adherence to the Repayment Plan: Comply with the terms outlined in the repayment plan to ensure consistent and timely repayments, demonstrating your commitment to resolving your debts and improving your financial standing.


For individuals in Wisconsin grappling with wage garnishment and overwhelming debt, Chapter 128 serves as a viable solution to halt wage garnishment and initiate a structured approach to debt repayment. By leveraging the automatic stay provision and developing a practical repayment plan, individuals can regain control of their finances and work towards a debt-free future. Consulting with a knowledgeable legal professional and understanding the nuances of Chapter 128 can empower individuals to make informed decisions and take proactive steps towards achieving financial stability and peace of mind.

Attorney Nathan DeLadurantey offers free consultations to explain your legal rights in Wisconsin. Free consultations can be scheduled online. 

About the Author

Nathan DeLadurantey

Nathan DeLadurantey ATTORNEY [email protected] Nathan is a skilled consumer lawyer who handles cases and trials all over Wisconsin. Phone consultations are always free and welcomed. Nathan has helped clients receive large jury verdicts and settlements stemming from consumer law violations, and is ready and able to assist.


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