Under a court-ordered writ of wage garnishment, an individual's employer is required to deduct and pay to a creditor(s) a percentage of the employee's salary until the debt is satisfied. This action is only possible after creditors and collectors obtain a court-ordered judgment for such action. The money that is withheld is then deposited as directed in the injunction. A writ of wage garnishment is very difficult to reverse. However, there are steps that can be taken to keep your salary from being compromised.

Wage Garnishment

The amount of salary garnishment allowed by federal law can be up to 25 percent of an individual's disposable income. The withholding continues until the debt is paid or arrangements are made to pay off the debt. Examples of reasons for wage garnishment include student loans, taxes, child support and unsecured credit cards debt.

Acknowledge Responsibilities

Do not avoid unpaid debt by ignoring all requests to resolve financial liabilities. Rather, do whatever is necessary to prevent a creditor from taking legal action to begin wage garnishment. Be proactive and work with creditors and debt collectors to make alternative payment arrangements. Filing a court order for wage garnishment is usually a very unwanted last step a debtor takes in a collection process.

Appeal Garnishment

You have a right to minimum living requirements. If you cannot meet basic needs such as food and housing, you can file an appeal through a "Claim of Exemption." A hearing will be scheduled to allow you to prove the garnishment is preventing you from meeting essential human necessities. You need to provide documentation defining your monthly income and expenses. The court can set aside the original writ or issue a new order with smaller monthly withholdings.

Pay Off Judgment

If you completely pay off your debt within 10 days of the garnishment judgment being passed, the writ becomes invalid. If you are financially able, contact the creditor to settle the judgment. You may also be able to negotiate the amount due or develop repayment options.

Declare Bankruptcy

Filing for bankruptcy legally stops all collection proceedings and activities include wage garnishment. The automatic stay process begins the moment your bankruptcy request and appropriate paperwork is filed with the court. Filing bankruptcy may be your best course of action if there are other outstanding debts that creditors may try to garnish. Debtors are not allowed to contact you to try to collect money owed or garnish your salary. Serious consideration should be given to this proceeding, however. Bankruptcy can negatively affect your credit rating for years.

Source:

BCA Alliance.com: Bad Check Laws by States

Brown and Seelye:Stop garnishing my wages

Lawyers.com: Garnishment