Wednesday, March 23, 2011

How to Stop Check Garnishment

Wage garnishment is when a creditor obtains a judgment against you in court and obtains a writ of garnishment, which allows a creditor to take a certain percentage of your wages (usually no more than 25 percent) until the judgment is paid in full. You are sometimes served a writ of garnishment before your wages are taken, but more often than not your first notice is when your employer gives you a drastically reduced paycheck. Your employer has a legal obligation to send the money to the court, so it's no use bargaining or begging with your employer about it. To stop a wage garnishment you can either deal with your creditor or go to court.

Instructions

    1

    Pay the debt in full. Sometimes the only way to stop a wage garnishment is to find a way to pay the debt off outside of the garnishment process. Call your creditor and see if he will accept a reduced amount to pay in full.

    2

    File with the court that issued the writ of garnishment a claim of exemption if you cannot afford food, housing or other basic necessities. A judge will review your case and may ask you to provide such supporting documents as rent receipts, utility bills or receipts for medical necessities.

    3

    Contact a non-profit consumer credit counseling service to determine if you can reduce your payments and find a payment plan that suits your needs as well as those of your creditor.

    4

    File for bankruptcy protection if other options have not been effective. Going into bankruptcy will put an immediate end to all wage garnishments until your debts are discharged.

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