Learning that you are the subject of a wage garnishment is a frustrating and even frightening experience. Like most people, you absolutely depend on your paycheck and budget your life around the exact amount you anticipate receiving on payday. Fortunately, there are some strategies to employ in an attempt to stop a wage garnishment.

Lump Sum Settlement

Keep in mind that from a creditor's point of view, an outstanding wage garnishment is a bird in hand. By this it is meant that a creditor knows that it will receive at least some money through the wage garnishment. You might prevent a future garnishment. However, the creditor successfully commenced the process of attaching your wages at the present time. One strategy to stop a wage garnishment is to propose a lump sum settlement payment to the creditor. The creditor may be willing to accept a fairly immediate lump sum payment from you at an amount at least somewhat below the total outstanding tab. Such a negotiated settlement prevents the garnishment of your wages and allows the creditor the ability to collect a decent share of the outstanding balance due without the expenditure of additional time and money.

Payment Plan

Make an attempt to offer a payment plan to the creditor. Start the payment plan by agreeing to make an initial payment in an amount equal to that which will be taken from your check through a garnishment order. Your human resources or payroll manager can advise you of the dollar amount estimated to be removed from your next paycheck. Attempt to negotiate future payments for a lesser amount. Negotiating a self-funded payment plan--as opposed to wage garnishments--gives you a greater degree of control over your finances. Enter into a written agreement with the creditor, which explicitly states that the creditor will cease formal collection activity provided you honor the negotiated settlement agreement and payment plan.

Order to Quash

File a motion in the court that issues the wage garnishment order seeking an order to quash. An order to quash is a directive from the court stopping the garnishment order issued previously. To prevail on an order to quash you must demonstrate that there is something legally wrong with the creditor's garnishment request. For example, the garnishment order seeks more money than actually is owed by you. Pursuing a motion to quash is challenging. Therefore, you need to consider obtaining legal representation. The state and local bar associations maintain directories of attorneys that practice in different areas of the law. Contact information for these organizations is available through the American Bar Association.

Source:

"Debt Collection Secrets: Everything The Debt Collector Doesn't Want You To Know"; Terry Black; 2005

"Ultimate Credit and Collections Handbook"; Michelle A. Dunn; 2006

More Information:

Hoyes: How to Stop a Wage Garnishment

American Bar Association: State and Local Bar Associations