What is the process to get a wage garnishment removed? 17 Answers as of June 27, 2011

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Financial Relief Law Center
Financial Relief Law Center | Mark Alonso
Bankruptcy will put an immediate stop to the wage garnishment as soon as it is filed.
Answer Applies to: California
Replied: 6/27/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
BK isn't your only option. You can try to have the judgment vacated, or negotiate with the plaintiff and work out a deal whereby they release the garnishment in exchange for a voluntary payment plan.
Answer Applies to: Washington
Replied: 5/4/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
A wage garnishment will remain in effect until the judgment is fully satisfied. However, the judgment debtor can claim an exemption to the extent earnings are necessary for their family. A bankruptcy will stop a wage garnishment.
Answer Applies to: California
Replied: 5/4/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
This can differ depending on which state you live in. In California you can file a "claim of exemption." which would have the effect of limiting the amount taken if granted. See a lawyer, we don't bite.
Answer Applies to: California
Replied: 5/4/2011
Greifendorff Law Offices, PC
Greifendorff Law Offices, PC | Christine Wilton
Your non-bankruptcy option to remove a wage garnishment would be to pay the underlying debt obligation. Otherwise, filing bankruptcy will stop the wage garnishment and may or may not discharge the underlying debt obligation as some debts are not dischargeable in bankruptcy. Consult with an attorney.
Answer Applies to: California
Replied: 5/4/2011
    The Law Offices of Alan M. Laskin
    The Law Offices of Alan M. Laskin | Jared B. Gaynor
    Creditors generally have a right to garnish your paycheck to enforce a judgment, unless you go to court and prove that they should not be able to (using whatever standard your state uses). Bankruptcy is one way to stop a garnishment in it's tracks.
    Answer Applies to: California
    Replied: 5/4/2011
    Bankruptcy Law Office of Robert Weed
    Bankruptcy Law Office of Robert Weed | Robert Weed
    In some states they can't garnish your wages, but I guess you're not in one of those. (Assuming this is a bank or collection company, not taxes or child support or something like that.) Filing bankruptcy is often the way to go. That's what it's for, actually.
    Answer Applies to: Virginia
    Replied: 5/3/2011
    Southern California Law Advocates
    Southern California Law Advocates | Norma Duenas
    The process to get a wage garnishment stopped depends on where you live and what resources are available there. Bankruptcy through the automatic stay will stop a wage garnishment action from proceeding but there may be other avenues available. In California for example you may be able to reduce or stop a wage garnishment through a claim of exemption. It is a form you fill out and return to the levying officer. If it is approved it may reduce or stop your wage garnishment. You have to be able to show that you need that money for the support of your and your family members. For further information you can go to my website.
    Answer Applies to: California
    Replied: 5/3/2011
    Saedi Law Group
    Saedi Law Group | Lorena Saedi
    Once a creditor has obtained a wage garnishment against you they have very little reason to work out another payment arrangement unless you are proposing to pay off the balance in a lump sum. Filing for bankruptcy protection will prevent any further garnishment of your accounts per the automatic stay. The typical process is to file for bankruptcy and notify the creditor of the filing. The creditor must then stay the garnishment or dismiss the case altogether depending on your jurisdiction. Some payroll departments will stop a garnishment as soon as they receive notice of bankruptcy filing while others will not stop the garnishment until they receive the dismissal order for the creditor who issued the garnishment in the first place.
    Answer Applies to: Georgia
    Replied: 5/3/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Yes, unless you have paid it off.
    Answer Applies to: Alabama
    Replied: 5/3/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Bankruptcy will stop garnishments and you can discharge the debt for which wages are being garnished if the debt is dischargeable in bankruptcy. There are some debts that are not dichargeable such as domestic support obligations (child or spousal support) and student loans generally. If the garnishment is for a debt that cannot be discharged in bankruptcy then the creditor can garnish your wages again after your bankruptcy case ends. Debts as for credit cards and medical bills are dischargeable in bankruptcy.
    Answer Applies to: California
    Replied: 5/3/2011
    Law Office of Eric Ridley
    Law Office of Eric Ridley | Eric Ridley
    Unless the garnishment is causing a serious issue, bankruptcy may be more expensive and cause more damage than you desire. You can also contact the person or company who is garnishing your wages and try to negotiate a one-time payment.
    Answer Applies to: California
    Replied: 5/3/2011
    Law Office of Asaph Abrams
    Law Office of Asaph Abrams | Asaph Abrams
    A garnishment is a post-judgment occurrence; hence a state legal-process has been presumably exhausted. If a creditor is happily collecting garnished wages, they wouldn't want to stop. Bankruptcy-filing is a process, a process whereby garnishments are stopped through the issuance of a federal court order.
    Answer Applies to: California
    Replied: 5/3/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    bankruptcy is certainly one way. The other is to get the superior court (or whatever court ordered the garnishment) to release it based on whatever legal rights you have under applicable law. Sometimes you can do a "claim of exemption" or if the garnishment renders you unable to meet your ordinary living expenses, a judge might order it reduced or stopped.
    Answer Applies to: California
    Replied: 5/3/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    You can stop a garnishment by filing for bankruptcy.
    Answer Applies to: California
    Replied: 5/3/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    If the judgment is valid, you will have to satisfy it one way or another or file for bankruptcy relief. You can stop the garnishment if the creditor agrees to some other payment arrangement. Bankruptcy automatically stops garnishments.
    Answer Applies to: Indiana
    Replied: 5/3/2011
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