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the case number and case caption (ex: XYZ Bank vs. John Doe) the date of your objection. Your name and current contact information. The reasons (or grounds) for your objection, and. Your signature.
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.
When a judgment creditor files a wage garnishment against you, you may have grounds to challenge it (called objecting to the wage garnishment). The types of objections you can raise against a wage garnishment depend on your circumstances, federal law, and the laws of your state.
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).
Most Creditors Need a Court Order to Garnish Your Wages They must first sue you, win, and get a court order requiring you to pay what you owe. Under federal law, you are not protected from retaliation if more than one creditor has garnished your wages or the same creditor has garnished your wages for two or more debts.
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.
They include paying the debt in full, appointing a trustee through the court who will receive your check and make payments, and paying the creditor the amount that would be garnished during each pay period.
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.
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