Steps to contest, end wage garnishment
Tanisha Warner is the communications manager for Money Management International, where she manages educational content designed to teach consumers about personal finance topics. She writes "Credit Care," a weekly reader Q&A about debt issues, for CreditCards.com.
Ask a question
'Credit Care' archives
Dear Credit Care,
I have just received a civil judgment with
consequences of my wages being garnished. What legal binding steps can I take
to revert that and resume negotiations with the collection agency? Thanks. -- Steve
As with any legal situation,
it is best to consult a qualified attorney to determine your best options.
Based on the information included in your question, it sounds as if you missed
or were not informed of a court appearance. In order for a creditor to receive
a judgment, which can be used to issue a wage garnishment order, it must be issued by a court.
Legally, the creditor must inform you that you are being sued and provide you
with the court date so that you can appear in court or send in the required
paperwork to defend your side of the case. If you were not properly informed of
the court date, your attorney may be able to have the court stop the
In general terms, to
attempt to have a wage garnishment ended, modified or reversed, you have the following options.
- First, you could attempt to negotiate a monthly
payment agreement with the creditor/collector. Keep in mind that the
creditor is already receiving a payment each pay period from the wage
garnishment. So, unless you offer to pay more than the garnishment amount,
the creditor is unlikely to consent to a monthly payment agreement.
- Second, you could file a claim of exemption with
the courts if you believe that the garnishment is preventing you from
meeting your basic living expenses. You will need to provide proof of your
monthly income and expenses to the court. If the court agrees with you,
the garnishment would be set aside by the court and your employer would be
ordered by the court to stop the garnishment.
- Third, you could file an appeal with the court if
you do not agree with the garnishment. The garnishment paperwork you
received will include instructions on how to file an appeal. You simply
explain to the court why you believe the garnishment should be reversed.
You have a specified amount of time to file your appeal and that will be
included in the garnishment paperwork as well.
- Lastlly, you could file for bankruptcy. Once the
bankruptcy is filed, creditors must stop collection of debts including
through wage garnishment. Exceptions would be for federal or child/spousal
You also have the
option to pay what you owe in a lump sum. Once the debt has been paid in full,
the garnishment will end. Keep records of your payment to assure that you have
proof the debt was satisfied. I realize you don't like it, but you could do
nothing and the wage garnishment will continue until the debt is paid in full. In
addition, rules exist to protect consumers regarding wage garnishments. In
general, federal law caps the amount that can be garnished at 25 percent of
disposable income (after federal, state and local taxes, Social Security,
unemployment insurance and state retirement systems).
I recommend that you
consult with an attorney before you make a decision on how to move forward due
to your wage garnishment.
your credit with care!
See related: What wage garnishment is, how to avoid it
Tanisha Warner is the communications manager for Money Management International, the largest nonprofit, full-service credit counseling agency in the United States. She manages educational content designed to teach consumers about personal finance topics. You can find more money management advice on Blogging for Change and MMI's Facebook page.
Credit Care answers a question about a debt or credit issue from a CreditCards.com reader each week.
Send your question to Credit Care.
Published: August 13, 2012
If you are commenting using a Facebook account, your profile information may be displayed with your comment depending on your privacy settings. By leaving the 'Post to Facebook' box selected, your comment will be published to your Facebook profile in addition to the space below.
Did you like this story? Then sign up for CreditCards.com’s weekly e-newsletter for the latest news, advice, articles and tips. It's FREE. Once a week you will receive the top credit card industry news in your inbox. Sign up now!