The State of Arizona allows creditors to garnish up to 25 percent of an individual's wages. Consumers that fail to pay their bills may be surprised to learn that their creditor has obtained a judgment against them. In some cases, they didn't even know they were being sued or simply ignored the notice thinking it would go away. Anyone attempting to collect a debt through wage garnishment must follow certain rules. Debtors may be able to stop wage garnishment if they can prove they were not legally served.
To stop wage garnishment, the individual can file a written objection and request a hearing. This must be done within ten days from the garnishment date. The debtor must outline their reasons for objecting. Some debts are invalid because the statute of limitations has run out. For example, credit card debt can only be pursued for three years. After that time period has passed, they can no longer collect the debt.
The only other option, other than quitting your job, is to file for bankruptcy protection. The moment an individual files bankruptcy, an automatic stay is issued by the court. This prevents creditors from engaging in any collection activities. The debtor may be able to recover lost wages if the amount garnished was over $600 in the 90 days prior to filing their petition.
If there is something legally wrong with the garnishment request, an attorney can file a motion known as an "Order to Quash". This is a directive issued by the court to stop the garnishment order. Your attorney must be able to prove why the garnishment is incorrect. Perhaps the creditor has the wrong person or the garnishment order exceeds the amount of debt actually owed. To stop wage garnishment, contact an Arizona attorney for immediate assistance.