When you have a debt that you cannot afford to pay, the creditor can use a wage garnishment to force you into paying it. This involves having money taken directly out of your paycheck to repay the debt. To stop the money from being taken out of your paycheck, you will need to get a release of garnishment order.
Release of Garnishment
The creditor is ultimately the one who must file the release of garnishment with the court. When this happens, the court will then have the garnishment removed with the help of the local sheriff's office. If the creditor does not take the time to file for the release of garnishment with the local court, the garnishment order will not be removed.
Debt is Paid
Typically, the creditor will not remove the garnishment until the debt has been paid. The amount of time that it takes to pay the debt can vary significantly depending on how much debt is present and how much money you earn. The creditor can only take up to a maximum of 25 percent of your paycheck. This means that if you make a few hundred dollars per week, it will take longer to get the garnishment removed than if you make thousands of dollars per week.
Payment Arrangement
Once the creditor gets a judgment against you, it can choose to use a wage garnishment as a way to get rid of the debt. However, you can also choose to negotiate with the creditor to set up a payment arrangement. If the creditor feels that you will stick to the payment arrangement, it may be willing to get rid of the wage garnishment for you as a measure of good faith. If you are unwilling to make payments on your own, the creditor will most likely leave the garnishment in place.
Considerations
When faced with a wage garnishment, you may have the idea to quit your job and try to get another one so that the garnishment will be stopped. However, this may only work for a limited time. The creditor will most likely find out where you work and simply move the garnishment to the new employer. In some cases, the creditor can also levy money directly out of your bank account and get repaid this way.
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