A creditor may seek a wage garnishment order if you are unable to pay a debt. When a debt falls into arrears, consult with a legal service provider who can guide you in and provide stop-garnishment legal help.
Wage Garnishment
A wage garnishment is a legal process that grants a creditor the right to recoup the money that is owed to them. A garnishment must be granted through standard legal proceedings. A creditor will need to file a lawsuit.
A judge will review the paperwork that a creditor furnishes. This paperwork will outline the amount of money that is owed. Original loan papers, for instance, may be presented during a wage garnishment law proceeding. The paperwork will indicate the original loan amount, the payments that have been made thus far, and the outstanding amount of money that the borrower failed to pay.
If a judge approves the garnishment, a set amount of money will be deducted from a borrower's paycheck. This amount will continue to be deducted until the debt has been paid in its entirety.
Prevention Procedures
A bankruptcy attorney or a legal aid representative can guide you in preventing a garnishment or discontinuing one that you are currently dealing with. There are several options that the legal representative will describe to you.
First, they may recommend that you contact your creditor and work out a payment arrangement. If you and the creditor are able to agree upon a fair monetary amount that you will be required to pay each week, the creditor may avoid seeking a garnishment.
Discontinuation Procedures
If a garnishment has already been granted, you may be advised to challenge the garnishment, file for an exemption, or file for bankruptcy. Challenging the garnishment involves petitioning the court. Once doing so, you will need to provide proof that substantiates your claim that you do not owe the amount of money that the creditor is holding you responsible for.
Filing for an exemption also requires petitioning the court. Once you have done so, you will need to prove that the income you earn cannot be taken for the past due debt. An example of an exempt income stream would be if you were to receive disability payments and this was your only income.
If these methods do not work, your legal representative may recommend that you file for bankruptcy. A bankruptcy will either allow you to restructure your debt or liquidate some of your assets to pay off the original debt. A legal representative will outline the different bankruptcy chapters for you.
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