How to Stop a Writ of Garnishment

After suing you, a creditor can request a writ of garnishment from the court. A writ of garnishment grants your creditor the right to seize funds from your bank accounts or force your employer to withhold money from your paycheck each pay period and submit it to the creditor as payment for the debt. You have options to stop an ongoing garnishment or prevent one from occurring.

Instructions

1

Contact the creditor and make arrangements to pay the remainder of your debt. Although a creditor with a successful judgment is unlikely to agree to a payment plan, it may withdraw the garnishment if you propose an upfront lump-sum settlement.

2

File a motion with the court that originally award the judgment and request that it vacate the judgment. You may request that the court set aside the judgment if you were not properly notified of the original lawsuit, if you do not owe the debt, or if circumstances beyond your control prevented you from appearing in court and presenting a proper defense. Should the court decide in your favor, your creditor will lose its garnishment order.

3

File for personal bankruptcy. You may file for Chapter 13 or Chapter 7 bankruptcy. Once the court processes your bankruptcy petition, it will prohibit all collection activity through an automatic stay. The stay protects you from garnishment and gives you the opportunity to either discharge your liability to the debt or repay it over time without having your wages or bank accounts garnished.