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To start the wage garnishment process, file a Writ of Execution with the sheriff in that county. This authorizes the sheriff to inform the debtor's employer that a portion of his employee's wages need to be withheld from his paycheck each pay period until the debt is settled.
Respond to the Creditor's Demand Letter. Seek State-Specific Remedies. Get Debt Counseling. Object to the Garnishment. Attend the Objection Hearing (and Negotiate if Necessary) Challenge the Underlying Judgment. Continue Negotiating.
You must take action to prevent the initial garnishment or address it if it has already started by claiming an exemption with the court. The creditor will continue to garnish your wages until you pay the debt in full or take some measure to stop the garnishment, such as by filing for bankruptcy (see below).
It may be as few as five business days or as long as a month. For a bank levy, or nonage garnishment, it's usually about 10 days. You can object to the garnishment after this window closes, but you'll lose any diverted income or amount in your bank account in the meantime.
Take copies of the form and then file the original with the court clerk. The court clerk will give you a time and a date for a hearing on your hardship exemption request. You will also need to bring any proof of your income and expenses such as pay stubs, rent receipts, utility bills, car payment coupons.
One way to end your wage garnishment is to call your creditor and get them to agree to a repayment plan. Look at your budget and see what you can pay. Then can call your creditor and see if they will agree to a repayment plan for you to pay a lower monthly amount than the garnishment.
No lawsuit or court order is required for this type of garnishment. If you are in default, your wages can be garnished. At least 30 days before the garnishment is set to begin, you must be notified in writing of: how much you owe.
If the judge finds in your favor, your argument will be sustained, and your garnishment will either be reduced by less than the typical 25 percent deduction of your paycheck allowable by law, or it will be eliminated entirely. If the court finds against you, the garnishment against your earnings will proceed as ordered.
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