How to Reverse a Wage Garnishment Order

In many cases of debt collection between a creditor and a debtor, the issue of wage garnishment arises. If you have had your wages garnished and felt the action was taken either without warrant or merit, or if the garnishment itself makes supporting your family or covering expenses you have to in order to survive impossible, you have the right to file for an appeal regarding your wage garnishment.

The First Step

As in most legal collection cases, your best chance in being successful is to ask for a consult from an attorney specializing in garnishment proceedings. An attorney can examine your circumstances and tell you whether or not you have sufficient proof that the garnishment is either unnecessary or unjustly granted. Proving one of these two things will be crucial in having your appeal granted. You will need to be able to provide evidence to the fact that the garnishment itself makes it impossible for you to provide sufficient income to support your family or impedes on your average cost of living.

Your Financial Statement

You will have to provide to the court written documentation stating every detail of your current financial status:

• You can obtain a Statement of Financial Status from the court clerk's office in the district that ordered the garnishment.
  
• This form will need to state every detail of your financial status, your possession of assets, current monthly income, and an itemized list of monthly expenses are some of the things your statement will need to include.

Filing Your Paperwork

You will need to be thorough in your documentation in order for the court to grant your appeal.

• You will have had to file a Claim of Exemption form in an attempt to have your wages declared exempt from garnishment, your financial statement, and a Petition for Garnishment Appeal.
  
• When you have all of these papers completed and checked for accuracy, make copies of them for yourself, the court, and the creditor garnishing your wages.
  
• Then file your documentation with the Clerk of Court, and send your creditor copies of all of your documentation.

Awaiting Judgment

After you have filed your paperwork with the court clerk, you must allow your creditor the number of days granted by the court to respond to your appeal. It is very important that you refrain from issuing any statements or speaking with anyone regarding your appeal case. If the creditor responsible for garnishing your wages contests your appeal, you will be required to attend an appeal hearing to determine whether or not your appeal is granted. If your creditor doesn't issue a response to your appeal in the time allowed by the court, however, the court will grant your appeal and issue either a new Writ of Garnishment or a Termination Order depending on what you've been granted exemption from.

Getting Help

The earlier you consult with an experienced attorney, the more quickly you can take the steps necessary to reverse the wage garnishment order against you. Your attorney will be your guide, helping you to understand all of your options and to deal with the court to stop the oppressive and unfair wage garnishment.