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If wage garnishment is making it difficult for you to pay your bills, there are other options to stop money from coming out of your paycheck other than bankruptcy. Being proactive and communicative with a creditor is the best way to prevent garnishment in the first place. Keep reading to learn how to stop wage garnishment in Seattle and keep your hard-earned money. Don’t Ignore a Judgement Have you had a judgement issued against you? If so, this legal procedure gives a creditor the right to seize as much as 25% of your take-home pay per paycheck. However, most creditors prefer to continue to work out a payment schedule rather than go through the hassle of filing garnishment paperwork. Working directly with you gets them their money faster instead of the money being held in escrow by the court for as many as 90 days after the garnishment is served. Once a judgement is passed, your creditor will probably send a demand for payment letter. Do not ignore this letter. This is your chance to work with your creditor instead of going through the hassle and embarrassment of dealing with a garnishment. Work with a Debt Counseling Service Garnishments can create economic hardships. In some cases, you may be able to file an exemption if your wages would make it difficult to support a family. However, exemptions are not always granted. For this reason, it’s better to work with a debt counseling service that can negotiate repayment terms with your creditor that is acceptable to both parties. These services are not-for-profit and should not be confused with debt repair services. If a creditor agrees with the terms, they cannot garnish your wages and must stop future garnishment procedures. Objecting the Garnishment Sometimes creditors overstep and attempt to money from a person’s paycheck without going through the proper legal channels. Creditors may also take too much money or continue to collect when they have already been paid. Here are some things to remember about wage garnishment: - Federal law dictates how much money can be taken from your paycheck. This amount is 25% of your take-home pay after mandatory deductions have been taken such as federal and state taxes.
- Creditors are required to give debtors timely notice of garnishment procedures and the opportunity to work out a payment plan before paperwork is filed. If your creditor did not follow the guidelines, you can object to the garnishment and ask the court to terminate the garnishment order.
- Creditors that received full or partial payment prior to filing for garnishment may accidentally or intentionally take more money that you owe. It’s important to object in situations like this because creditors are not likely to refund money even if they are in the wrong.
Filing objections requires that you attend a hearing. While attending this kind of hearing alone is acceptable, it’s better if you’re represented by legal counsel. Having an attorney by your side arguing your case will work better in your favor. A lawyer understands the law and can adequately protect your rights. Continue to Negotiate Even if you’re wages are being garnished you can still try to negotiate with the creditor to stop future garnishments. What many people don’t realize is that a creditor can only garnish your wages for a period of 90 days or less. After that time, the creditor has to file again. If all else fails, call a lawyer to ask him or her how to stop wage garnishment in Seattle. He or she might suggest bankruptcy, but the lawyer may also offer other services such as negotiation services to help you get back on solid financial footing.
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