4 Powerful Ways To Stop A Wage Garnishment
Posted: Thursday, November 25, 2010
by Mark Clayborne
Mark Clayborne
Having a wage garnishment attached to your weekly or monthly income can be devastating to most consumers. But with a little education and know how, there are ways to avoid a wage garnishment. Wage garnishments can be initiated after the creditor gets a judgment against you for the debt you owe. The creditor will contact a sheriff who will send the garnishment paperwork to your employer. This allows money to be taken from your paycheck until the judgment is satisfied.
It depends on your state law. Some states allow the creditor to pull money once, and other states allow the creditor to garnish your wages until the debt is satisfied. Check your state law for further information on this matter.
What kinds of wages are exempt from garnishment?
- Welfare
- Unemployment
- Veteran benefits
- Social security
- Workers compensation
- Child support
- Pension
- Sick and vacation days
Again, check with your state on the amount that can be taken out. Most states allow up to 25% on regular debt. For child support or alimony, 50% can be taken out. If you support a second child or spouse, up to 60% could be taken from your paycheck. See wage garnishment laws in the appendix.
How do I stop a wage garnishment?
- You can stop this by filing a wage garnishment exemption with the court or with the levy officer within 10 days from the start of the garnishment. You want to claim that you cannot afford to have money taken because it will create a hardship for your family. In addition, it will prevent you from buying the basic needs like food. Only present this argument if you will indeed experience a hardship. If you file a claim for exemption and the creditor fails to challenge it within a certain amount of time allowed by the court, the judge may set the garnishment to the side.
- You, or a lawyer, may file a motion to set aside, suppress, or void a writ of garnishment due to a lack of jurisdiction or unlawful bases. You can challenge the writ by stating that you never owed the debt to begin with, or that the statute of limitation to collect it has expired. You can also argue for inaccuracy, or that an improper person is identified as the debtor.
- When settling, make sure you get a release to prevent the creditor from trying to collect the difference. Moreover, get a satisfaction of judgment letter. This document tells the court that the debt has been paid in full.
- If the debt is too big and your negotiations fail, you can file bankruptcy. After initiating a bankruptcy, you must let your employer, the creditor’s attorney, and the levy officers know by sending them a copy of the voluntary petition. This will stop the wage garnishment. For more information on wage garnishment, check Title 111 of the Consumer Credit Practice Act.
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