Is the anything you can do to stop wage garnishment?

You pick up your paycheck and notice that money has been withheld due to a wage garnishment.

When a creditor files a claim on an unpaid account, a summons will be delivered to you.

If you ignore it, in about 30 days, a default judgment will be awarded the creditor/plaintiff.

Again, if you do nothing about it, then the creditor may decide to apply for a writ of garnishment.  This is presented to your employer, and depending on which state you live in, you will most likely have 25% of your net check sent to the creditor. 

Your employer has no choice but to honor the writ of garnishment.

SO NOW WHAT?  You have a few options:

If you have any access to a lump sum of about 40%-50% of the total due, then you can contact the original collection agency or attorney for the plaintiff and negotiate a lump sum settlement.

If you don't have a lump sum, then your only option is to present a plan to repay your debt instead of them garnishing your wages. 

Example: 

• Let's say you owe $5,000.
• Your take-home wage averages about $1300, every two weeks.

The wage garnishment allows the plaintiff to garnish 25% or $325 every pay check or $650/month! 

For most people, this would cause them to be unable to pay the mortgage or rent, utilities, food, etc. and ultimately, your only recourse would be to file for bankruptcy protection. 

Before you contact the attorney for the plaintiff or the creditor directly, you need to have a couple of things ready:

A complete basic budget showing all income and outgo each month. Make sure to list everything and be honest.  Let's say you have $100 left over each month (if you're lucky).

It may be helpful to write a brief hardship statement explain why and how you got into this situation. 

• Now call the creditor/attorney and explain your situation. 
• Offer to pay $100/month until the amount is repaid.  Ask them to charge 0% interest.  They may or may not, but they have an option to charge 0% - whatever your state allows in an agreement like this.
• Offer to fax the budget, hardship statement and a copy of your latest pay stub. 

In most cases, they will agree.  If not, explain that if they refuse the offer (don't be ugly here!) then you have no choice but to seek bankruptcy protection as you cannot pay your bills if the wage garnishment continues.

If they agree, MAKE SURE TO GET THE AGREEMENT IN WRITING!

Do not agree to any check-by-phone or any other payment arrangement without the written agreement.

Hope this helps!

Photo By: ladybeames'