Monday, November 5, 2007

How to Stop Wage Garnishment From a Collection Letter

How to Stop Wage Garnishment From a Collection Letter

Before a debt-collection agency goes to court to obtain a judgment to garnish your wages, it sends you collection letters asking you to pay -- or make arrangements to pay -- the balance due. The IRS refers to a wage garnishment as a wage levy. Legal entities, such as the IRS and the state taxation agency, do not need a court order to garnish wages. They do, however, send you collection letters prior to garnisheeing/levying wages. If you act promptly and appropriately, you can stop a wage garnishment from occurring.

Instructions

    1

    Do not disregard the collection letters the agency sends you. A wage garnishment is a last-resort method to get you to pay the debt; the agency would rather work with you. If you ignore the notices, the agency has no choice but to pursue more stringent collection methods, such as a wage garnishment.

    2

    Ensure that you actually owe the debt. The collection letter should give the amount due, to whom the debit is owed, and to whom you should make the payment. When in doubt, contact the agency for clarification. If you feel you do not owe the amount due, contact the collector and discuss the issue. Many times, the matter can be resolved over the phone. If you feel you do not owe the debt and the collector files a lawsuit or sends you a levy notice, appeal it according to the notice's instructions. The court normally gives you 45 days in which to file an answer to the lawsuit; the legal entities, such as the IRS and the U.S. Department of Education, give you 30 days to file an appeal.

    3

    Pay off the debt in full immediately, or contact the agency and inquire about a payment plan, if you owe the debt. Most debt collectors are willing to set you up on an installment plan, which allows you to repay the debt over time. The agency will not garnish your wages if you enter into an installment agreement and honor the arrangement.

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