What To Do If You Are Notified Your Wages Are Going To Be Garnished

Posted on: 2 November 2016

If you recently received a judgement letter from a creditor indicating that they are going to start the process of having your wages garnished in an attempt to collect an unpaid debt, you are undoubtedly upset about the situation. There are a few steps you can take to try stopping this process from occurring in an attempt to retain the same amount of your regular paycheck as you have been. Here are some tips you can use in an attempt to stop a garnishment process.

Reply To The Judgement Promptly

It is best not to ignore the judgement when it is received. Take the time to type a detailed letter in response to the creditor informing them that you would like to stop the garnishment procedure if possible. This will require you to make arrangements for paying off the bill. Some creditors will work with you to construct a payment plan in an attempt to collect money owed. Others may ask for the entire amount up front. Since the creditor will save money themselves in working with you directly over hiring a company to go through with a garnishment procedure, it is to both of your advantages to try to work out a deal if possible.

Find Out If Your State Offers Help

Contact your county court to ask what programs are in place in your specific state when it comes to garnishment of wages. Some states offer exemptions for those who are suffering through a time of hardship where their income is not enough to make payments on all debts they have racked up. Other states will allow you to partake in a court process where a trustee is appointed to you to make payments to creditors in your behalf. You would pay the trustee and they would take care of the distribution of money to the appropriate creditors. When someone has this program in place, garnishment may not be allowed.

Head To The Courtroom

You have the right to object to a garnishment in a court of law. If you are unable to strike a deal for repayment with the creditor, then write a letter to the court indicated on the letter of judgement asking that a hearing is scheduled. At this hearing, you will have the chance to offer to settle with the creditor in person. You can also dispute having your wages garnished if you were not notified of the process beforehand. As soon as you notice your wages are less than desired, hire an attorney to help you get through a dispute process.

Consider Filing For Bankruptcy

If your debt is extremely high and you are racking up large sums of interest for each month that passes where you do not pay your creditor, it may be beneficial to file for bankruptcy. This is best done if you do not have assets in your possession so you are not at risk for losing them as a result of your bankrupt status. Call an attorney to find out if filing for bankruptcy is recommended for your specific situation. If they believe it would wipe the slate clean without causing you to lose your belongings, it is an option to consider. To find an attorney, visit a law firm like Stuart J Sinsheimer.