Did you know your employer isn’t obligated under the law to inform you about your wage garnishment? Besides, many lawyers suggest that the best option is to avoid it. What’s more, there’s nothing your employer can do once they get the order to garnish your wages, except comply.
There are various ways (and reasons) to object a wage garnishment. Sometimes it can even be stopped immediately. Keep reading to learn more about how to stop wage garnishment.
What is a Wage Garnishment?
When you owe money to a creditor, they can request a court for a garnishment order.
Generally, they have to show that they have tried to collect the debt before proceeding to court for a garnishment order.
It’s not a simple process, so it is far better to avoid it if possible before reaching this point. If you’re receiving calls to collect a debt, try going into a payment plan with them. Paying off the amount is a straightforward and fast way to stop wage garnishment.
Options to Stop Wage Garnishment
Most creditors move to garnish wages when the statute of limitations is about to run out (the time when the collection of the debt is enforceable). Before they can do this, they will have to sue you and receive a judgment from the court. The court’s order will show how much you owe; this can include the original amount plus interest and any fees.
The judgment order can be used by your creditor to request your employer to garnish your wages. Here are a few popular defenses to consider before reaching this point, or after to stop wage garnishment.
Claim of Exemption
If you’re the head of the household financially supporting a child or elderly parent, you may be eligible to stop or decrease wage garnishment determined by your personal and financial situation.
Challenging the Garnishment
There are a few different case scenarios when you can challenge the garnishment. For example, if the amount being garnished exceeds what is appropriate, or they didn’t follow the correct procedures.
Debt Refinancing or Consolidation
While it may be difficult since you are so far behind your on your debts that you’ve come to this point of garnishment, debt consolidation could still be possible. Secured loans like home equity loan or line of credit can be options.
Get on a Payment Plan Through a Credit Counselor
A nonprofit credit counseling organization may be able to help you negotiate with your creditors. Besides, you may get on a more manageable payment plan with them rather than the creditor or the court.
Bankruptcy
The last option if you are buried by your debts is to file for bankruptcy. By filing it may result in the immediate stop to wage garnishment.
What’s Next for Wage Garnishment
Being stuck behind your debts is always stressful and even more when wage garnishment is involved. We hope this information helps, and be sure to come back to read more compelling articles here.
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