Can You Fight A Wage Garnishment?

A wage garnishment order can be approved by the court for a number of reasons, including to collect back child support. Unfortunately, the garnishment can have a significant impact on your finances and lead to difficulties in paying your bills. If a judge approved a wage garnishment order against you, here are two ways you can fight it. 

File for Bankruptcy

Filing for bankruptcy might seem like an extreme measure, but there are many advantages to doing so. One of the most important is that the filing will stop the garnishment. A stay is placed against all legal actions made by your creditors. 

If you do decide to file for bankruptcy, it is important to note that once the process is completed in the court, you could still be responsible for the debt. In instances in which the garnishment is the result of a debt that is typically not discharged, such as child support and taxes, you still have to pay. 

The stay will allow you time to possibly work on other arrangements with the creditors. For instance, if the garnishment is due to child support, you can file a petition with the court to lower your future payments so that they are more affordable. 

Request a Court Review the Original Judgment

Wage garnishments are usually the result of a case that originated in the court, such as a lawsuit from an insurance company. When you failed to make payments on the judgment, the creditor went to court and asked for a garnishment. 

Instead of fighting the garnishment, you can try to fight the original order. You can file a petition to ask the court to review the original order and decide whether or not the decision should stand. You have to provide valid reasons for the court to side with you. 

For instance, if an insurance company won a settlement against you and you have evidence that can now support your case, you can ask the judge to review the new evidence and toss out the decision. 

If the judge does side with you, your legal woes might not be over. It is possible that the creditor, or plaintiff, could pursue the lawsuit against you again. The court allows a certain amount of time for the plaintiff to continue the case. However, in the meantime, you can ask the court to suspend the wage garnishments until a new decision is reached in the case. For further assistance, contact a local bankruptcy attorney.


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