Creditors have a legal right to file a case against you for nonpayment of bills. If the court grants a writ of garnishment, your employer receives a legal order to withhold a certain amount of money from each paycheck until the debt is satisfied. This legal obligation can place a huge burden on your monthly income and budget. However, since the debt is owed, you might have other options that can stop the wage garnishment and still pay off the debt.
You can file a Claim of Exemption with the court where the original writ of garnishment was granted. An application along with documented proof such as utility bills and proof of income is submitted to the court for review. The court can exempt you from the wage garnishment if the documentation you provide proves that the garnishment is creating a hardship.
Another possible way to stop wage garnishment actions is to speak directly to your creditors. Ignoring letters or phone calls may accelerate the garnishment process if it has not already begun. Try to reach an amicable settlement agreement for the debt owed. This may include making stipulated installments in a timely manner. Some creditors might request postdated checks for each agreed payment date.
You can meet with a certified debt counselor if your creditors refuse to negotiate a settlement agreement outside the courts. A debt counselor can help you with getting your financial house in order, and may suggest filing a consumer proposal or a debt management plan if your total debt exceeds $5,000. This is an alternative to filing bankruptcy and shows a good faith effort to pay off the debt. A consumer proposal is also a legal procedure that is presented to creditors by a federal court. This procedure stops the wage garnishment because a time frame for repayment in whole or in part is included in the proposal.
A last resort for most people who want to stop a wage garnishment is to file for bankruptcy. This will ruin your credit for the next 10 years, but might offer some debt relief. Some creditors are not allowed to file a wage garnishment once you file for bankruptcy.
Whichever option you choose, avoiding your creditors is never the best option. Keeping the lines of communication open can improve your odds for preventing a wage garnishment. Deal honestly with your creditors before you have to deal with a wage garnishment.
file bankruptcy
Yes, a judgment creditor can execute the judgment as a wage garnishment.
Wage garnishment means the deduction of money from the salary of an employee. Wage garnishment will continue until the debt is paid or arrangements are paid to pay off the debt.
How do I stop a wage garnishment that was ordered in Missouri but I live in Texas?
Check out BCSAlliance.com, they have a great guide on how to stop wage garnishment. Yahoo answers has a good thread on stopping wage garnishment. That should point you in the right direction.
This company can help you stop the wage garnishment: www.defaultms.com
Yes.
It should, but only for as long as the bankruptcy is active, and only so long as the debt is listed after the bankruptcy is discharged. More accurately, the garnishment must stop when the plantiff in the judgment has received notice that there is a bankruptcy.
how can I stop a wage garnishment
Simple version: The creditor sues the debtor and is awarded a judgment. The creditor executes the judgment as a wage garnishment. The garnishment papers are served on the garnishee's employer. The employer withholds the amount stated in the garnishment order from the named employee's wages until the debt is satisfied or the garnishment order is no longer valid.
The only way to stop wage garnishment is to sue your wife for the money back.
The state does not allow wage garnishment for creditor debt. It does, however, allow garnishment action for child support and federal and/or state tax arrearages. In some instances it will also allow garnishment for spousal maintenance which is often determined by the circumstances the case being addressed.