Consumers with unpaid accounts often look for wage garnishment help. Wage garnishment is a legal process through which a creditor can collect an unpaid debt. It involves regular garnishment of wages until the entire amount is satisfied.
A creditor needs a court order, or writ of garnishment, which orders an employer to garnish the debtor’s wages until the full amount is paid off. If you’re looking for tips on how to stop wage garnishment and need wage garnishment help, you have multiple options, depending on your circumstances.
Wage Garnishment Help - Before a Court Judgment
If your creditor has attempted to collect a debt from you and you do not respond or arrange to pay off the debt, his next step is generally to take legal action against you. In such case, the creditor would inform you of his intention to file a lawsuit. If you contact the creditor at this point and make specific payment arrangements, you can generally halt the legal process and stop wage garnishment.
Wage Garnishment Help - After a Court Judgment
If you receive notice of a creditor’s intent to take legal action against you and you don’t do respond, the next step is a lawsuit. If you go to court and lose the case, the judge will issue a judgment against you. This means that the judge determined that you are liable and should pay your creditor.
Contact the attorney that filed the lawsuit, and arrange to pay off the judgment. Taking action right away will prevent wage garnishment. If you cannot pay off the judgment in full, set up a payment plan. If the attorney agrees to a payment plan, make sure to make the payments on time until you pay off the balance on the account.
Wage Garnishment Help - After a Writ of Garnishment
If you do not pay off the judgment or make payment arrangements, the attorney will seek a writ of garnishment order. A writ of garnishment orders your employer to garnish your wages until the entire owed amount is satisfied. Federal and state laws allows employers to garnish up to 25 percent of your disposable income, your net amount after insurance and tax deductions, each pay cycle.
You might possibly be able to stop wage garnishment if you contact the attorney as soon as the judge issues the writ of garnishment order. The following steps might stop the wage garnishment process:
- Call the attorney who filed the writ of garnishment order and pay off the judgment.
- If you cannot pay off the full amount, attempt to reach a settlement with your creditor. There’s a chance that the creditor might not agree, but it’s worth the try. If the creditor accepts a reduced settlement, he will likely instruct you to contact the attorney assigned to the case. Contact the attorney and request a written agreement. Make sure that the document clearly specifies the attorney’s willingness to accept the reduced amount as payment in full or settlement in full.
- The attorney will file a “Satisfaction of Judgment” once you pay the settled amount and the funds clear. The court clerk will stamp the court records as “Satisfied” and close the case. Make sure a “Satisfaction of Judgment” is filed regardless of whether you pay off the judgment in one lump sum, pay a reduced settlement or pay through regular wage garnishments.
If you have unpaid accounts, it’s important to check all your mail regularly. This way, you can respond to important notices from creditors and prevent or stop wage garnishment.
Disclaimer: The information in this article is for information purposes only. Please note that the author does not have legal or financial credentials. The information is based on research and personal knowledge. Please consult an attorney for legal wage garnishment help.
Copyright © 2011 Ana Jackson. All Rights Reserved. Reproduction in whole or in part constitutes plagiarism, is illegal and strictly prohibited.
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