Stopping Wage Garnishment in Rhode Island

For some cases in Rhode Island, a person doesn’t have to do anything to stop wage garnishment from occurring. For instance, if someone has more than one wage garnishment against them that equals 25 percent of their paycheck, a new wage garnishment can’t be attached to their income. However, for a person with one wage garnishment, they have many options to choose from to stop a wage garnishment.

File bankruptcy in Rhode Island

Filing personal bankruptcy in Rhode Island comes with an automatic stay. An automatic stay means that creditors must stop the wage garnishment as well as lawsuits and foreclosures until the bankruptcy petition is complete. If you file chapter 7, your wage garnishment and other unsecured debts can be eliminated in approximately four to six months. However, if you file chapter 13, your wage garnishment, secured and unsecured debts are repaid—by you—in 36 to 60 months.

Talk with the Creditors

Creditors, in some instances, can agree to either settle the debt for less than the original judgment or agree to a payment schedule in lieu of not collecting on the wage garnishment. This means that you must make the payments on time and completely satisfy the debt or the creditors will start the wage garnishment again.

Go Back To the Court That Granted the Judgment

You can return to the court that issued the court order and request an exemption to the claim. This means that you must file a written request for a hearing. During the hearing, you have to submit evidence such as your bills to show that you can’t pay them because of the wage garnishment. If the judge agrees, he or she will stop the wage garnishment.

Talk with a Lawyer

To stop a wage garnishment, you should seek help from a lawyer. The lawyer will talk with you and advise you of the best way to stop the wage garnishment.