How to Fight Non-Periodic Garnishment

Wage garnishment occurs after a creditor successfully receives a judgment against you for an unpaid debt. This can be for back child support payments, credit card debt, back rent, or any other legal debt. Nonperiodic garnishment (a seizure of funds that happens only once or at irregular intervals) can be any amount up to the total amount of the debt, along with any penalties that might be owed. To fight garnishment, you must either petition the court to cease the action or successfully declare bankruptcy. To increase your chances of successfully combating garnishment, you should retain a lawyer.

Instructions

1

Contact the creditor garnishing your account and ask to set up a repayment plan for the debt. In most cases, that will not entail going back to court or hiring a lawyer. The disruptions that garnishment can cause might make it more challenging for you to hold down a job, which would make it even more difficult for you to pay the garnishment, so it's in the interest of the creditor to negotiate such a payment plan. Get all agreements with your creditors in writing, and maintain copies for your archives.

2

Review the Fair Debt Collection Practices Act. If the creditor violated any statutes from that act, and you can prove it, you may be able to get the debt cancelled. This will also give you some understanding of the laws relevant to your case.

3

File a petition with the court that filed the judgment against you, detailing the judgment. You'll be expected to include the case number, the amount of the debt still owed, and information about how much money has been seized from your accounts. Describe your case and your reasons for filing an appeal. Find a lawyer to assist you in drafting your petition. Most lawyers will give you a free 30-minute consultation if you require advice on writing your petition. Avoid emotional arguments in your petition. Argue your case in terms of the relevant laws.

4

Send the petition to the court and await a response.

5

Attend all court dates related to your petition. In most cases, the creditor will settle the case in return for a realistic repayment plan or a lump sum repayment of the debt.