Stopping Wage Garnishment in Missouri

For many creditors in Missouri, debt collection includes going to court to obtain a judgment against you. A judgment allows creditors to obtain a wage garnishment and take up to 25 percent of your weekly, biweekly or monthly paychecks. A wage garnishment, however, doesn’t mean that you must have less money in your bank account. To stop wage garnishment means that you no longer have to pay creditors. For instance, one way to stop a wage garnishment is by returning to the local court which issued the judgment and request the wage garnishment be stopped. You will have to file paperwork and request a court hearing. During the court hearing, you have to prove that you don’t have enough money—because of the wage garnishment—to pay the required bills such as utilities, rent or child support.

Negotiation with Creditors

Another option for you is negotiating with creditors. In many cases, creditors will agree to accept less money than the original judgment entered with the court. Also, if you can’t pay a lump sum payment, creditors may agree to a payment schedule. In exchange for one of the two options, creditors will stop the wage garnishment as long as you don’t miss a payment.

Using an Automatic Stay

An automatic stay is granted after filing personal bankruptcy. The automatic stay immediately requires creditors to stop the wage garnishment until the bankruptcy petition is complete. Chapter 7 eliminates the unsecured debts within six months and doesn’t require you to pay the money. Chapter 13 requires you to pay creditors over a three to five year period.

Seek Legal Advice

Another option to stop a wage garnishment is seeking legal advice from a lawyer who specializes in wage garnishment. The lawyer will look over your finances and determine the best way for you to stop the wage garnishment.