How to Stop Wage Garnishment - Stop Wage Garnishment Today

Generally if you fail to pay your debts such as medical bills, personal loans, or credit card, the creditor can file a lawsuit in court to try to collect on the debts that you have not paid. In order for these creditors to be able to garnish your wages they must first file a lawsuit in court and obtain a judgment from the court. Once a judgment has been obtained against you for the debt then many creditors will attempt to collect on the judgment through a wage garnishment.

How Does Wage Garnishment Work?

Once a creditor has obtained a judgment against you then they will obtain a wage garnishment order from the court. The wage garnishment order will be provided to the sheriff who will serve your employer. Your employer will be required to comply with the wage garnishment order unless you take steps than can stop the wage garnishment from starting or stop the wage garnishment after it has started. Your employer will be required to comply with the wage garnishment order and deduct the amount that is required on the order. There may be limits as to how much they can deduct from your paycheck depending on the state you live in. In California creditors cannot deduct more than 25% of your net pay.

What Options Are Available to Stop the Wage Garnishment?

There are several things you can do to either stop the wage garnishment or reduce what is being deducted by the creditor.

1. File for Bankruptcy - If you file for either Chapter 7 or Chapter 13 bankruptcy, the wage garnishment can be stopped. Bankruptcy stops a wage garnishment almost immediately. When a bankruptcy case is filed the automatic stay stops creditors from beginning any wage garnishment or continuing with the wage garnishment. Once your bankruptcy case if filed the sheriffs department will be notified of your bankruptcy case. The sheriffs department will then issue a release to your employer. Once the release is received by your employer, then your wage garnishment will be stopped.
2. File a Claim of Exemptions - If you cannot afford to pay for the basic necessities to support your or your family after the 25% wage garnishment deduction then claim of exemptions can help you stop or reduce the wage garnishment. If your state provides this then file a claim of exemptions to try to reduce the amount that is being deducted from the wage garnishment. The claim of exemptions may stop the wage garnishment, or may reduce what is deducted from your paycheck. The form you can use for California is: http://www.courtinfo.ca.gov/forms/fillable/wg006.pdf
3. Negotiate with Creditor - You can also contact the creditor directly and try to seek a payment arrangement or negotiate to pay a lump sump payment for the debt in order to eliminate the wage garnishment. This is a difficult option since most creditors are unwilling to stop the wage garnishment in hopes that you will voluntarily repay the debt.

Other alternatives may be available if you wish to try to fight the initial judgment that resulted in the wage garnishment.

If you are facing a wage garnishment the best option to put a fast end to the wage garnishment is to file for bankruptcy. You should consult with an experienced legal professional to determine if you qualify for bankruptcy and can stop the wage garnishment.