When Does a Garnishment Expire?

A garnishment can be detrimental to your financial well-being, especially if your budget is already stretched thin. Once a garnishment starts, it is difficult to get it stopped; however, many garnishments come with an expiration date, and all garnishments end once the debt and associated fees have been paid off.

Garnishment

A garnishment is a legal action that allows your creditor to go directly to your employer for payment. Depending on the conditions spelled out by the courts and state law, your employer will be obligated by law to withhold up to 25 percent of your after-tax wages and pay the money to your creditor until the debt is paid off or the writ of garnishment expires. The writ of garnishment is the legal paper that spells out the terms of the garnishment.

Expiration

The expiration date of a garnishment is dependent on many factors, including state statutes and the type of debt incurred. Federal debt, such as IRS tax debt and unpaid student loans, may have no expiration date. Your employer will continue withholding from your wages until the debt is paid off or until you go to court and get the garnishment lifted or amended or until you file bankruptcy. Other garnishments may expire in a matter of months. The writ of garnishment will spell out the terms of the judgment, including how long the garnishment is active.

Unemployment

A writ is only good for one employer. If you quit your job or lose your job, the creditor will have to go back to court to receive a new writ of garnishment for your new employer. However, if you quit your job and then your employer rehires you, the original garnishment may still be in effect. Your employer will still be required to garnishee your wages.

Options

When money is tight, even a garnishment with a short expiration date can seem to take forever to pay off. Consult with an attorney about ways to reduce the amount garnished or visit the court that issued the writ. You may have grounds to challenge the writ. Some courts even have forms available. Be prepared to prove the amount is a hardship. The court will schedule a hearing based on the information you provide and may rule to reduce the percentage withheld from each paycheck.