Garnishment occurs when a court orders that a part of your wages be immediately deducted from your check to pay off outstanding debts. You will rightly be alarmed if you get a garnishment order. However, if you live in the state of Louisiana and have a garnishment order you have options for appeal.
Reasons for Appeal
There are very specific reasons that you would be allowed to appeal your wage garnishment in Louisiana. This is if the garnishment is making it so that you cannot pay basic necessities, such as food, shelter and medical costs. While there are limits to what a Louisiana court can garnish --- 25 percent of all after tax income -- this might still put some people in a financial hardship. If this describes your situation, do not hesitate to pursue appeal.
How to File
To file an appeal or a request for an exemption, you will have to petition the same court that entered in the garnishment order against you. The necessary forms for filing can be found at courts throughout the state of Louisiana. Once you file these papers, a hearing will be scheduled, in which you can present your case for an exemption.
Presenting Your Case
To win your appeal you will have to present evidence that the garnishment order is causing you a financial hardship. Evidence of this will include statements of your earnings, as well as copies of things like your rent bill, receipts of money spent on food and health-care expenses. If the court accepts your case the original garnishment is set aside and a new order of garnishment is issued in its place.
Other Options
Appeal isn't the only option that you have to get rid of a garnishment order. Declaring bankruptcy is a last resort, however, it stops garnishments immediately. You can also stop a garnishment in Louisiana by paying off the outstanding debt within ten days of the garnishment order. Speaking to representatives from your creditors is another option for reducing the amount that your wages are being garnished.
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