How to Stop a Garnishment of Wages?

Answer 1

A garnishment of wages is used by creditors, usually as a last resort, to obtain payment for a debt. A garnishment order is issued by the court and generally follows a judgment.

When a debt is not paid by a creditor such as a credit card provider, the debt is usually sold to a collection agency. If the collection agency isn’t able to collect, a lawsuit is filed and can result in a judgment to have wages and property garnished in order to pay off the debt.

A garnishment of wages not only takes a chunk of money directly from the debtor’s paycheck, it can also be an embarrassing matter as the garnishment is forwarded directly to the human resources department of the employer. There are a couple ways you can avoid this embarrassment.

Do Not Ignore the Debt

Sometimes when funds are low and you don’t have the money to make your scheduled payment, it may seem easier and less stressful to ignore it. The problem with avoiding debt is that it will only make things worse. Do not wait until the creditor threatens legal action, and if you do receive a summons or any type of legal notice, call the creditor or attorney immediately.

Set Up a Payment Plan

You will find that many creditors, collection agencies, and law offices that are hired to collect debts, will set up a reasonable payment plan. Figure out an amount that you can pay each month and if possible set up an automatic debit from your bank account. Make sure that you stick to the payment plan and if you foresee problems, contact the creditor and notify them of the problem.

You May Be Exempt from Garnishment

Certain instances render a person exempt from wage garnishment. First of all, the creditor has to allow you enough money to live on. If your primary income is through Social Security or Veteran’s payments, federal law prohibits garnishment of these funds. The creditor cannot garnish a bank account for instance that is funded by Social Security payments.

Contact an Attorney

An attorney may be able to assist you in stopping a garnishment of wages, whether by helping set up a settlement plan with the creditor or notifying the creditor of any exemptions to garnishment that you may qualify for.

The most important part of stopping wage garnishment however is to be active in taking care of the situation. The sooner you attempt to take care of the debt, the less likely you will have to deal with judgments and having a chunk of money taken from your bank account or paycheck.

Answer 2

One way to stop garnishments is to file a Chapter 7 Bankruptcy. Another way is to fill out a wage garnishment exemption form that prevents any monies to be garnished from your wages.