How To Stop A Garnishment
Updated: Feb 23
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A garnishment is a legal process that allows a creditor to collect a debt by taking money from a debtor's wages or bank account. The creditor obtains a court order requiring the debtor's employer or bank to withhold a certain amount of money from the debtor's paycheck or bank account and send it directly to the creditor to satisfy the debt.
Garnishments are commonly used by creditors such as banks, credit card companies, and government agencies to collect unpaid debts. In some cases, garnishments may also be used to satisfy other types of legal judgments, such as child support or tax debts.
It's important to note that there are limits to how much money can be garnished from a debtor's wages or bank account, and the specific rules and regulations governing garnishments vary by jurisdiction. Additionally, debtors may have the option to challenge a garnishment in court or negotiate a payment plan with the creditor to avoid having their wages or bank account garnished.
To stop a garnishment, there are several steps that a debtor can take, depending on the circumstances. Here are some general steps that may be helpful:
Review the garnishment order: The first step is to review the garnishment order carefully to make sure that it was issued correctly and that the creditor is not exceeding the amount allowed by law.
Contact the creditor: If the garnishment is for a debt that the debtor acknowledges, they can contact the creditor to try to negotiate a payment plan or settlement that will satisfy the debt and stop the garnishment. This may involve making a lump-sum payment or agreeing to a monthly payment plan.
Request a hearing: Depending on the jurisdiction, debtors may have the right to request a hearing to challenge the garnishment. The debtor can present evidence that the garnishment is causing undue financial hardship or that the creditor is not entitled to the amount being garnished.
File for bankruptcy: Filing for bankruptcy can stop most types of wage and bank account garnishments. However, bankruptcy is a serious decision that should be made only after consulting with a qualified bankruptcy attorney.
Seek legal advice: If a debtor is unsure of their options or is having trouble negotiating with the creditor, they should consider seeking legal advice from an attorney who is experienced in debt and bankruptcy law.
It's essential to act quickly to stop a garnishment, as the longer the debtor waits, the harder it may be to negotiate a favorable outcome.
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