Appealing to the Court to Stop Wage Garnishment

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Along with the other financial problems of being in debt, the issue of wage garnishment often arises, as your creditors can file suit to have your wages garnished if they do not believe they are getting what is due to them through normal channels.  How can you appeal to the court in order to stop wage garnishment, and what are your options if your wages are being garnished and you are having a hard time repaying your other debts as a result?  There are a number of options available to you if you have been hit with a wage garnishment order by the court and want to appeal it.

Options for Dealing with Wage Garnishment

One option if you have been faced with a wage garnishment lawsuit is to appeal to the court that issued the suit with a “claim of exemption.”  Essentially, this means that although wage garnishment orders cannot be reversed, you can claim that the amount being garnished is interfering with your ability to live your daily life and provide the necessary funds to survive.  If you can successfully prove this to the court, you will be able to have the wage garnishment modified or even have a lower wage garnishment amount issued so that you will be able to live without having such a large amount taken out of your pay.

During a claim of exemption proceeding with the court, you will need to:

  • Provide evidence of all of your expenses – education expenses, housing, food, clothing, etc. 
  • By bringing documented proof of the cost of living expenses you are faced with, you can testify in before the court that you do not have enough disposable income after paying your wage garnishment order to satisfy your other financial obligations. 
  • Keep in mind that the court will rarely be sympathetic to things like credit card debt, etc., and will want to see true and verifiable necessary expenses such as a mortgage or food and clothing costs, so leave your credit card statements at home in this case.

Once you have convinced the court that you are unable to successfully maintain your current cost of living with the wage garnishment in place, they will either judge against the writ of garnishment and prevent the creditor from future wage garnishments, or they will issue a modification order to the original wage garnishment amount, so that you are only required to pay a lower amount and not the full original total. 

Getting Help

When appealing to the court to stop wage garnishment, it is a good idea to work with an experienced attorney. He can help you gather evidence and craft arguments that are more likely to make the court see things your way and lift or change the garnishment order.

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