Contesting wage garnishment
Contesting wage garnishment
Wage garnishment is a legal process where a debtor tries to collect his dues from the debtor’s salary. The court passes an order for wage garnishment and sends a notice to the debtor’s employer asking him to deduct a specific amount as wage garnishment from the debtor’s disposable earnings against his debt. However, the stage of wage garnishment comes only when the creditors sue in the court. Any creditor for that matter tries all his attempts in collecting his dues, but when the debtor totally denies him the money he owes or ignores him, the creditor is forced to go legally and the threatening call of wage garnishment appears. Contesting a wage garnishment is not a simple task, but is not an impossible one. There are few ways to contest a wage garnishment. Firstly, quitting your job is a simple way of contesting wage garnishment. This is effective for a short term, but is not of a great use in solving problems as you avoid paying 25% of your income as wage garnishment and thereby lose the income of 75% as well. In case you get another job, it does not take much time for the creditor to locate your whereabouts and to initiate the garnishment process once again, as he is determined to take the money you owe to him. You can another option to contest a wage garnishment and that is to approach the creditor directly or bring an attorney to do the negotiation. But after the negotiation, you should be prepared to settle the payment immediately. You have another option to restrict the wage garnishment. You can produce enough evidences regarding your income and monthly expenses in front of the judge. If the judge is convinced that your earnings cannot suffice your regular expenses if there is a wage garnishment, he may set aside the wage garnishment. Eventually, a bankruptcy will shun any creditor or legal proceedings from taking any amount as wage garnishment from your pay checks. This is helpful if you are having other debts. If you are running short of credit, filing a bankruptcy is a powerful solution. It is also cheaper than settling the judgment for a lump sum amount. Thereby you can save few thousands and time. Bankruptcy is a legal mechanism that intimates immediately such that none of your creditors can contact you even if you owe a huge amount. This stops garnishing your checks totally.