How to Get a Garnishment Removed

Wage garnishment is a legal process that allows a creditor, a former employer, business, individual or government agency to receive payment through a third party---known as the garnishee---after a judgment has been obtained. In many instances, wage garnishment is the result of unpaid taxes, court-ordered payments such as for child support, or nonpayment of a judgment in favor of a creditor.

To get a garnishment removed, you can apply for an Offer In Compromise, file a Slow-Pay Motion, work out a payment arrangement, or file for bankruptcy.

Instructions

1

Apply for an Offer In Compromise. The Internal Revenue Service allows taxpayers who are in arrears to apply for an Offer In Compromise. A taxpayer must fall under one of three categories: exceptional circumstances, such as caring for a child with a serious illness; inability to pay within the statutory time frame (simply meaning the taxpayer does not have the assets or resources to actually pay), and "liability doubt," which states that there is sufficient doubt as to the legitimacy of the amount owed.

Taxpayers must file Form 656 and pay an application fee of $150 for an Offer In Compromise.

2

File Slow-Pay Motion. In some jurisdictions, a person being subjected to wage garnishment can file a Slow-Pay Motion with the county clerk's office. This motion must be filed prior to the granting and/or implementation of the garnishment. A Slow-Pay Motion is an alternative to wage garnishment asking a judge to let you make small payments instead of being subjected to wage garnishment.

3

Enter into a payment arrangement with the creditor. If you are informed that wage garnishment is imminent, attempt to make a payment arrangement agreement that will allow you to repay the judgment. In most cases, a creditor will even settle for a smaller amount if it can be paid in one lump sum.

4

File for bankruptcy protection. If your wages are being garnished and you are in danger of losing your home or having a vehicle repossessed, you might consider filing for federal bankruptcy protection. You should consult a bankruptcy attorney for advice on the process and your options. In the event that you do file for bankruptcy, most wage garnishments are removed, but federal tax liabilities may remain.