How to Avoid Garnishment

Both your wages and bank accounts are subject to garnishment if a creditor sues you for debts you left unpaid and obtains a civil judgment against you. Naturally, the best way to avoid garnishment is paying all of your bills on time as they come due. If a creditor files a lawsuit against you for an old debt or a debt you do not recognize, however, responding to the court summons in a timely manner and presenting a solid defense in court can help you avoid having your wages or bank accounts seized by the creditor.

Instructions

1

Read the complaint that the creditor sends to you. It will arrive in conjunction with the formal court summons notifying you of the lawsuit. The complaint should list the reason why the creditor is suing you and the amount it demands. Choose the grounds for your defense based on the complaint. If, for example, you don't recognize the debt, your defense may be that the debt does not belong to you.

2

Fill out the attached response form. Include your name, the date and the details of your defense. Submit the response form to the court within the allotted time frame. The amount of time you have to submit a response varies by district, but usually spans 15 to 30 days.

3

Appear in court on the date listed on the summons. Bring with you any paperwork you have that supports your defense. State your case to the judge and provide as much detail as possible.

4

Propose a settlement to the creditor if you don't win the case and the judge awards it a civil judgment. Sometimes creditors would rather accept an immediate settlement for less than the amount you owe rather than endure the added paperwork of filing a garnishment order against you.

5

Contest the judge's ruling by requesting a Motion to Vacate from the court clerk. Submit the request to the court that originally issued the judgment. You can appeal any court ruling provided you have a basis for doing so. Most states have a time frame limiting the amount of time you have to contest and vacate a civil judgment.

6

Make payment arrangements with the creditor if you lose the case, the creditor refuses your settlement offer and you cannot have the judgment overturned. After exhausting your legal options, paying the debt voluntarily is the only way to avoid a garnishment order from a judgment creditor.