When I started getting into trouble I became pretty acclimated to legal procedures. Calling my attorney and working out bail was just another way to spend a Saturday night. Unfortunately, the stiffer the charges, the more difficult it was to talk my way out of a bad situation. After so many charges, I found myself slapped with a long jail sentence, and I realized that I wanted to turn things around. Fortunately, my lawyer was able to walk me through yet another process, so that I could make the right changes. My blog discusses how to emotionally cope with legal issues so that you can start living a good life.
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Wage garnishment can make it challenging for you to meet your financial obligations each month. Ideally, you should take action before the garnishment is ordered to prevent it. If not, there are still some steps you can take to potentially stop the garnishment after it has started. To help you explore your options, here are some steps you can take before and after the garnishment to prevent the deductions.
Communicate With the Creditor
A creditor cannot simply jump from asking for payment to going to court to ask for a wage garnishment. There are several steps that the creditor has to follow before a judge will agree to taking the funds from your paycheck. Although you might be financially overwhelmed at the time, you need to contact the creditor when you receive notice that it plans to take action against you.
Chances are the creditor will work with you to pay down the debt. Figure out how much you can pay towards the debt before you contact the creditor so you can know just how far you can go with the negotiations.
Research Your State's Laws
There are state and federal laws that dictate just how much can be withheld from your earnings each month. Regardless of the state you live in, you have to be left with enough finances to pay your bills after the garnishment. If not, the amount withheld has to be reduced or the creditor has to explore other ways to collect payment.
Before the creditor can go to court and request the garnishment, find out how much it is requesting. If the amount would leave you without the ability to pay your bills, you can possibly argue against the garnishment based on this.
It is important to note that some sources of income are protected from garnishment. For instance, Social Security payments and unemployment insurance compensation are exempt. Check with your state's laws to determine if your income is exempt.
File for Bankruptcy
If the garnishment has already been ordered, you can file for bankruptcy. Bankruptcy not only stops the garnishment, it keeps other creditors from taking additional legal actions against you. A bankruptcy filing could help you get rid of some of the debts you have and give you a fresh credit start.
Filing is a major financial decision. Discuss the pros and cons of doing so with an attorney or other financial specialist before filing your papers with the court.
If you have any questions about stopping wage garnishment, contact a legal professional like Donald T Tesch, PS.Share