How can you stop a paycheck garnishment?

Answer 1

Generally a bank account levy cannot be halted when a creditor judgment is valid.

There are a few exemptions that would allow a bank account levy to be quashed. If the account being attached is held jointly and only one account holder is the named debtor. If this is the case, the non debtor should file a petition with the court where the judgment was issued presenting documentation of the account funds belonging to them. If the account holds exempt monies (Social Security benefits, pension benefits, public assistance funds, etc.) the same method mentioned above applies.

Please note, when an account is levied for repayment of debt it is always the responsibility of the account holder(s) to notify the court concerning protected funds. Such action should be taken when the judgment debtor receives the final order of judgment.

Answer 2

The account holder must petition the court to have the levy (garnishment) lifted. This is only possible if the original judgment writ is invalid. If the account is jointly held and only one account holder is the named judgment debtor the non debtor account holder must provide documentation to the court the percentage of exempt account monies belonging to them.

Answer 3

There are only three ways to prevent garnishee of wages: # Quit the job or get fired - this is a stopgap method due to your likely need for employment. # Seek shelter from the court - be ready to show why it is unfair for the creditor to garnish your wages, and be prepared to lose. It is unlikely that a court will reverse its or any other court's decision to grant the judgment that allows the garnishment. # Pay the debt in full.