Stopping Wage Garnishment in West Virginia
In West Virginia, if a person refuses to satisfy her debt, the creditor may be permitted by the court to take the money using wage garnishment. When the situation reaches this point, it can be very difficult to put brakes on it, but it is not always impossible.
Satisfaction of Debt
Wages can only be garnished when there are unsatisfied debts. You can stop this action by proving that you have already satisfied your financial obligations with a creditor, if that is the case.
If hadn’t previously paid but now you are ready to, the creditor may be willing to stop garnishing your income. One way that this strategy will surely work is if you pay the creditor in full. Then, he will have to stop garnishing your wages. If you owe a large amount, you may be able to get the creditor to agree if you commit to payments that will allow settlement at a faster pace than obtaining the funds through garnishment.
Statute of Limitations
Creditors do not have eternal liberty to garnish your wages. West Virginia law places specific time limits on this type of action. The statute of limitations varies depending upon the type of debt. For example, debts resulting from verbal contracts and open accounts are subject to a 5 year limit, but debts resulting from judgments have a 10 year statute of limitations.
If the statute of limitations has expired, it is possible to stop wage garnishment. This will also require filing a Motion to Vacate.
Having someone’s wages garnished is a legal procedure. This means that there are requirements that need to be met and specific steps that need to be taken. If errors occur along the way, you may be able to argue against the wage garnishment and have it stopped. For example, the creditor may file papers with the court alleging that you owe more than you do.
The best method to stop wage garnishment can vary depending upon the circumstances. Before attempting to take any action, you should get legal advice from a debt settlement attorney.