Saturday, June 21, 2008

How to Stop Garnishment of Wages on the Job

How to Stop Garnishment of Wages on the Job

A debt collector or a creditor must obtain a court-ordered judgment to garnishee your wages. But a legal entity such as the U.S. Department of Education, state taxation agency or the Internal Revenue Service can garnishee without a court order as long as it sends you notification of the garnishment. The IRS refers to a wage garnishment as a wage levy. A wage garnishment can inconvenience you financially, since it requires your employer to withhold a certain portion of your pay to satisfy the debt. Still, there are ways to stop a wage garnishment.

Instructions

    1

    File a hardship claim, or a claim of exemption, with the court that issued the wage garnishment, if it is preventing you from affording basic necessities such as food, rent/mortgage and utilities. Once you file the claim, the court sends you a hearing date. Take proof of your earnings and monthly expenses with you. If the judge agrees with your claim, he can stop the wage garnishment until your finances improve.

    2

    Make a hardship claim if a legal entity besides the court ordered the garnishment. If a federal student loan is causing you hardship, for example, follow the U.S. Department of Education's procedures for claiming hardship. This includes completing the administrative wage garnishment request for hearing form and a financial disclosure form, and showing copies of income and proof of expenses. Mail your hearing request to the department's Hearings Branch.

    3

    Enter into a payment arrangement with the garnisheeing party. Once the wage garnishment has begun, the garnisheeing party may be reluctant to stop it. Still, it may be willing to set you up on an installment plan that allows you to repay the debt over time. If you enter into, and keep to, the installment arrangement, the garnisheeing party stops the garnishment.

    4

    Contact the issuing agency if you object to the wage garnishment. If you do not owe any monies or disagree with the garnishment amount, call the agency and explain the situation. You may be able to resolve the matter over the phone.

    5

    Pay off the debt in one payment, or let the wage garnishment continue until the debt is paid off in full. You can also contact the garnisheeing party and inquire about a settlement, which lets you repay the debt for less than you owe.

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