How to Stop Credit Card Wage Garnishment

People have a variety of options to stop credit card wage garnishments. Wage garnishments are the result of creditors such as credit card companies having the legal right a portion of an individual's weekly, bi-weekly or monthly employment earnings. Typically, what happens is employers take the money out of a person's paycheck and sends it to the credit card company. As of 2009, the credit card company with judgments against a person can take up to 25 percent of their paycheck after taxes. In other words, if an individual takes $400 home after taxes approximately $100 of that will go to the credit card company.

Stop Wage Garnishments by Paying the Judgment

An individual can pay the judgment amount in one lump sum payment. Usually, the lump sum payment is made to the local court where the judge decided the lawsuit. The court will send the money to the credit card company.

Stop Wage Garnishments by Making Payments

Talk to the credit card company. It's possible that an individual is facing wage garnishments can discuss repayment options with the credit card company. The company may be willing to negotiate weekly or bi-weekly payments. If the company accepts, then the person can make payment directly to the credit card company.

File a Claim of Exemption

An individual who can't afford the basic necessities of life such as utility or rent because of the wage garnishment has a legal remedy with the court that issued the writ of garnishment. A claim of exemption is a request to lift the wage garnishment because of hardship. However, a person must prove that the money that is being garnished is needed to pay basic necessities. According to Nolo, the individual protesting or trying to eliminate the wage garnishment must present evidence at the hearing such as bills, expenses and paycheck stubs to prove their case.

File for Bankruptcy

Personal bankruptcy stops wage garnishments with an automatic stay. The automatic stay prohibits all creditors—including a credit card company—from pursuing or continuing wage garnishments. Chapter 13 allows an individual to repay their debt over 36 to 60 months. Another bankruptcy option called chapter 7 eliminates the debt without a person repaying the money.

Seek Legal Help

Anyone who has a judgment against them should contact a lawyer. The lawyer can advise the person on what is the best remedy to stop wage garnishments.

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