How to Postpone a Writ of Garnishment

Having a creditor garnish your wages can create problems such as the inability to pay basic living expenses. While creditors can only garnish up to 25 percent of your paycheck (after taxes and Social Security withholdings), this seemingly small percentage can trigger serious financial hardship. Wage garnishments continue until the creditor receives all monies owed, or until you send a full payment. But if unable to pay housing expenses and other necessary expenditures, you can take steps to postpone or stop a garnishment.

Instructions

1

Visit your courthouse to file documentations to postpone a writ of garnishment. The court ordering the garnishment has the authority to stop the garnishment if you can prove financial hardship. Travel to the court that issued the garnishment and complete the form titled, "Claim of Exemption." File this form with the local court.

2

Attend your court day. A judge will hear your case before deciding to postpone or cancel a wage garnishment. The court will send a letter notifying you of your upcoming court day.

3

Provide the court with evidence. A judge only postpones a writ of garnishment if you can show proof of economic difficulties. Come to court ready to defend yourself and bring documentations showing how much you spend on rent or mortgage payments, household utilities, debt payments, food and other expenses. The judge reviews this information, and based on earnings, makes a decision to cancel or continue the wage garnishment.