How to Keep Your Check From Being Garnished

In a difficult economy, it is easy to get behind on bills and get into debt. If you are more than 180 days late in paying your bills, your creditors may pursue legal action. If the court rules in the creditors' favor, they may be able to garnish your paychecks. This means some of your paycheck amount will be deducted by your employer and sent to your creditor before you receive your paycheck. There are several ways to avoid this.

Instructions

Pay The Full Amount To Your Creditors

1

Write a check to your creditor as soon as you receive the notice of wage garnishment.

2

Ask your employer to fill out the "Payment to Avoid Garnishment" form that you received with your notice.

3

Submit the check and form to your creditor.

4

Pay the Clerk of Courts and bring the receipt to your employer if you decide to pay the full amount after your court date.

Make an Agreement With Your Creditor

5

Call your creditor or its lawyer and agree upon an amount you can pay on a weekly or monthly basis. Do not agree to an amount that will leave you with less than $154.50 a week after taxes, per federal law as of 2011.

6

Ask the creditor to inform the Clerk of Courts in writing of your agreement to stop the wage garnishment.

7

Make all your payments on time to avoid further legal action.

File a Slow-Pay Motion

8

Go to the Clerk of Courts Office and ask to file a slow-pay motion.

9

Fill out all the paperwork the court gives you, and pay the small filing fee, if applicable.

10

Make a list of all your necessary bills before your court date. This will show the judge exactly how much you can afford to pay and why you need the slow-pay motion. The judge will decide how much your payments will be.

11

Make the payments on time and keep proof of payment, including receipts and canceled checks.

Apply for Appointment of a Trustee

12

Fill out an "Appointment of Trustee Affidavit" and have it notarized.

13

Make three copies of the notarized affidavit and bring them to the Clerk of Courts. The court representative will time-stamp it and give you a copy for your records. The court will appoint a trustee to whom you will make payments each pay period, and the trustee will distribute the payments to your creditors.

14

Inform your creditors you have applied for appointment of trustee, and they will stop garnishing your wages.