How can you stop your check from being garnished for student loans or lower the payments?

Answer 1

You can definitely challenge the garnishment if it causes financial hardship to you or your family members. You'll have to be prepared to show proof of your hardship situation. When providing documents they will have to see monthly and annual income and on top of that, you'll have to provide them your household expenses (Bills and such). Remember they will consider cable, time shares, and credit cards as luxury expense so be prepared to show them only your necessities.

Here are the possible outcomes...

1) they will suspend garnishment for 6 months...

2) they will reduce your garnishment amount...

3) they will calculate a voluntary payment amount you could pay

4) They will deny your appeal...

5) they will ask you to make payments on top of the garnishment.

Answer 2

If you have a wage garnishment against you, this probably means that the lender already sued you and has a judgment. Sometimes you can file a "claim of exemption" with the court and ask the judge to lower the amount of the garnishment if you are having trouble meeting your basic needs such as food, shelter and clothing. You can also negotiate directly with the creditor or creditor's attorney.

Filing for Chapter 7 bankruptcy would temporarily stop the garnishment under the automatic stay, but the garnishment could resume when the bankruptcy is over. Chapter 7 takes about 3.5 months to complete. Student loans are VERY difficult to discharge in bankruptcy. You might be eligible for a Chapter 13 bankruptcy, which is a court-ordered repayment plan of 3-5 years. You MIGHT have a better chance getting rid of the student loan in a Chapter 13.