If you receive notification that a creditor is planning on garnishing your wages to collect a debt you owe, you will need to take action immediately if you want to stop this from happening. Even if you take action right away, the garnishment may still occur; however, you might be able to get the garnishment stopped. Here are several things you should know about this.
Steps to Object
Once you receive the letter informing you of the creditor's wish to garnish your wages, you may want to hire a lawyer to see if there is a way to stop this from happening. While you can stop some garnishments, there are others you cannot stop. A garnishment for child support, for example, is not an easy type of garnishment to object to and stop; whereas, you might be able to stop a creditor from doing this for a debt that is from a credit card or car loan.
To object to a garnishment, you could use the basis that the garnishment would cause you financial hardship, which would prevent you from being able to survive. You could also object with the grounds that the creditor wants too much money. There are rules about how much money a creditor can take from your paycheck. If the creditor wants too much money, the court might agree with you.
You might also be able to object with the basis that the creditor failed to handle the garnishment properly. For example, if the creditor does not give you enough time, according to the laws, you could win the case.
Other Options
If a garnishment is already occurring, you might be able to stop it by filing for bankruptcy. This too depends on the type of debt it is and on the branch of bankruptcy you file. For example, if you file for Chapter 13 bankruptcy, you might be able to get all types of garnishments stopped for a period of three to five years. This happens because Chapter 13 requires you to repay debts, and you could include these debts in the repayment plan your lawyer creates for you.
With Chapter 7, you could get a garnishment stopped if the debt qualifies for a discharge. The only way you can find out what your options are is by talking to a lawyer that specializes in wage garnishment law and bankruptcy. To learn more about this, you can schedule a visit with a lawyer in your city today, such as Stuart J Sinsheimer Attorney at Law.
Share6 February 2018
