How to Stop Paycheck Garnishment

If you owe money, a creditor can sue you in court. After successfully suing you, she can ask that your wages be garnished. Every pay period, your employer must withhold a certain amount of your pay and give it to your creditor. The creditor cannot garnish your entire paycheck; you must retain a small amount to pay for food and other expenses. You can stop garnishment by paying the debt back or otherwise settling it, in or out of court.

Instructions

Paying Back Debt in Full

1

Visit the clerk of the court. Ask him how much you owe, including court costs.

2

Pay the entire amount at the clerk's office. Get a receipt from the clerk.

3

Bring your receipt to your employer. Tell him that the receipt proves you have settled the debt and ask him to stop the wage garnishment.

Make Payment Arrangements With Your Creditor

4

Contact your attorney. Ask him to set up a meeting with your creditor's attorney to discuss payment arrangements.

5

Write a budget that includes a weekly or monthly payment to your creditor. Determine the maximum and minimum amounts you are willing to pay to your creditor per week or month. Keep in mind that you get to keep at least $154.50 per week if your wages are garnished; do not attempt to live on less than this in your budget.

6

Discuss the budget with your attorney. Let him know the maximum you are willing to pay. Instruct him to meet with the creditor, or her attorney.

7

Attend that meeting with your attorney. Let him negotiate a settlement on your behalf.

8

Sign a written statement saying that you will pay the agreed-upon amount to the creditor each week or month. Clarify terms before signing. After signing, submit the statement to the clerk's office. The court will order that your employer stop garnishing your wages. Bring a copy of the signed statement and the court's new order to your employer and ask him to stop garnishment.

File a Slow-Pay Motion

9

Obtain a petition for a slow-pay motion from the clerk of the court. Fill out the petition completely. In addition to your name and contact information, you must provide information about your place of employment, how much you make and how often you get paid. You also must provide contact information for your creditor, your case number, the total amount you owe and how much you have paid already through garnishment. If you are not sure of any of these details, ask the clerk to look them up for you.

10

Give the completed petition to the clerk of the court. Pay any required filing fees. The clerk of the court will schedule a hearing and give you the hearing date.

11

Make a budget. Include all your expenses, such as rent and food, and all sources of income. Determine how much you can realistically pay each week or month. Your payment plan should include keeping at least $154.50 each week, as you will get this amount if you continue to pay through wage garnishment.

12

Attend the hearing. Bring your budget and copies of your bills, your last pay stub and your most recent tax return with you. The judge will ask you to explain why you cannot pay the full amount all at once and how much you can pay. Give him your budget and related documents as evidence of your claims. Your creditor's attorney may dispute your claim and request that the judge require you to pay a higher amount per week or month. The judge will order you to pay whichever amount she deems reasonable.

13

Bring a copy of the judge's new order to your employer and ask her to stop garnishing your wages.