Winning Against Wage Garnishment

Wage garnishment is an unpleasant process, often because you don’t see it coming. While having your wages garnished is not usually the first line of debt collection, creditors may implement the order without your knowledge. However, there are ways to stop your wages from being garnished.

It’s My Money

Wage garnishment is a court order that any creditor can obtain to gain access to a portion of your income for purposes of collecting on a debt. However, you aren’t at risk of having your wages garnished unless you owe a creditor money, whether that be a credit card company, medical provider or the IRS. While most creditors wish to avoid the hassle of obtaining a court order to collect their money, it does happen. Here is what you can do about it:

• Contact your creditor directly to negotiate your debts. They may be willing to lift the garnishment if you are able to negotiate a sufficient payment arrangement.
• Contact a lawyer. They can help you file a motion to have the order lifted by the court, however, they are not likely to grant your motion without a negotiated deal with the creditor.
• File for bankruptcy. When you file for bankruptcy a court order, called an automatic stay, is issued which halts all collections, including wage garnishments. However, a bankruptcy attorney should be sought first to review your case to determine if this option is right for you.

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