What to Do if They Garnish Your Wages
- To garnish your wages, a creditor has to get a judgment against you. A judgment can be obtained by filing a lawsuit against you and then arguing a case in court. Once the judgment is issued, the creditor can get a writ of execution from the court. By using this writ of execution, the creditor can work with your employer to set up a wage garnishment. At this point, the creditor will be paid a portion of your earnings before the paycheck is given to you.
- Depending on your creditor, you might be able to negotiate a settlement to help avoid a wage garnishment. If you appear at the court date and make it look like you want to resolve the matter, the creditor might be more willing to work with you. Contact the creditor or the lawyer who represents the creditor and try to negotiate a payment arrangement. If you stick to the payment plan, the creditor may not garnish your wages any longer. When you start missing payments, the creditor may set it back up again.
- Another option that you have is to simply take no action. While this may not seem like the most attractive option, it is what many people in this situation do. When you simply continue working, the debt will be paid off without any action on your part. Depending on how large the debt is, you might be able to pay it off within a reasonable period of time. This is the easiest course of action and it will eventually end the garnishment.
- One of the most effective ways to stop a wage garnishment is to file for bankruptcy. Once you file for Chapter 7 or Chapter 13 bankruptcy, all your creditors have to stop trying to collect money from you. The wage garnishment will stop and you can then proceed with the bankruptcy process. If you file for Chapter 13, the court will help you set up a repayment plan which will involve repaying the creditor with a garnishment. When you file Chapter 7, your debts can be discharged and you may not have to worry about paying any of the debt that was previously being paid by garnishment.
