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How to Stop Wage Garnishment

Wage garnishment is a tactic used by creditors to collect on a debt once all other efforts fail. Typically, a credit card company receives a court order that allows them to receive the money owed by removing it directly out of debtors' paychecks or bank accounts.

Garnishment can often make it very difficult for a person to pay for living expenses, especially when a tight financial situation led them to stop making payments on their credit cards.

But there are ways debtors can stop a wage garnishment from depleting their personal finances.

Be Proactive with Debt

If debt is piling up and it can't be paid off easily, a debtor might consider acting early to inform creditors of this issue and put together a reasonable payment plan.

Otherwise, if the debt continues to go unpaid, the courts may intervene and require a debtor's employer to garnish or withhold part of that person's wages until the amount is paid off.

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Pay Off Debt

Even when a court issues a writ to garnish a debtor's wages, it is not too late to pay off the bill.

Under some state laws, if the person pays the debt within 10 days of the court's order, the wage garnishment becomes invalid.

Make an Appeal

If a debtor finds that too much of his or her wages are being withheld, which makes it hard to pay necessary living expenses, this individual can appeal to the court.

When a hearing date is set, it is up to the debtor to prove with documentation that the wage garnishment is preventing him or her from paying for basic, monthly needs. An attorney can often help prepare this documentation.

If the court agrees that the wage garnishment writ takes too much money from the debtor's paycheck, then the judge may either set aside the original order or issue a new one with smaller withholdings.

Declare Bankruptcy

By declaring personal bankruptcy, all creditors must stop any collection proceedings, including the garnishment of wages.

Bankruptcy can often wipe out not only debts that are past-due, but also provide relief from other credit card debt, medical bills, payday loans and other financial burdens.

Connect with an Attorney

An attorney can be a valuable resource when assessing the options available to you.

Find out your state's wage garnishment laws by connecting with a lawyer near you.

Just fill out the case review form below to arrange a no-obligation, confidential consultation.

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