Can You Stop A Wage Garnishment?Share
A wage garnishment can impact your ability to pay your monthly expenses. Even if you change jobs, the garnishment can follow you. Therefore, it is important to find legal remedies to the garnishment that work for your particular condition. To help you get started on taking back control of your finances, here are a few options you can use to stop a garnishment.
Challenge the Judgment
A wage garnishment starts with a court order. If you can challenge the original order that led to the garnishment, you could potentially put an end to it. Challenging the order is not always an option, but in some situations it is.
For instance, you could argue that you were never properly served with the notices regarding the upcoming court dates. If the court sides with you, the original judgment could be vacated and you would have a chance to argue against your responsibility for the damages being pursued by the plaintiff.
To determine if challenging the court order is an option for you, review your state's laws. It is important that you act now because there could be a statute of limitations that limits the time you have remaining to take action.
File for Bankruptcy
Bankruptcy is not always the best option, but for some people in certain financial situations, it is. If you decide to file for bankruptcy, the garnishment would temporarily be suspended while your petition is being considered by the court. If your debts are discharged, it is likely that the debt that led to the garnishment will be, too.
Once you file the petition for bankruptcy, you can obtain a copy of the automatic stay that is issued and provide it to the creditor. The creditor has to stop with the garnishment at that point. It is important to note that the creditor could go to court and challenge the stay. If the creditor is successful, the garnishment could start again.
Before filing for bankruptcy, take the time to assess your entire financial condition. A bankruptcy can have long-term consequences that could impact your financial situation for years to come. An attorney can help you determine if it is the best option for dealing with the garnishment and other financial problems.
There are other legal options that you can explore to potentially stop a garnishment. Consult with an attorney, like Stuart J Sinsheimer, as soon as you are notified to stop the garnishment now and avoid financial distress.