Isolating a method to stop wage garnishment ordered by a court in the State of Wisconsin begins with reviewing the genesis of the underlying debt. Courts can order wage garnishment for debts arising under circumstances such as child support, spousal support, civil judgment related debt, State or federal tax debt, student loan debt, and finally, criminal penalty debt arising from the commission of a crime. The type of underlying debt being garnished will often dictate the most effective strategy available to the debtor to stop the garnishment of his wages. Hiring a wage garnishment lawyer is the best method to insure that the most effective steps are taken to stop wage garnishment in Wisconsin.
- File an Appeal of the Writ of Garnishment
In Wisconsin, 80 percent to the wage-earner’s net earnings are exempt from garnishment by a creditor. If the writ of garnishment allows a creditor to take more than 20 percent of your earnings, it may be an unlawful writ and the garnishment should be appealed.
- File for Bankruptcy in State or Federal Court
Filing a personal bankruptcy under Chapter 7 or Chapter 13 may work to stop the garnishment of wages depending on the type of debt at issue. Some types of debt such as garnishments for such funds providing child support or spousal support may not be affected by a bankruptcy. Federal bankruptcy law protects only 75 percent of wages from garnishment, so Wisconsin State law functions to protect a larger amount of wages from garnishment without the need to file bankruptcy.
- Pay Off the Debt
Finding a method to pay down the debt by making some type of agreement with the debtor may be a good method of resolving the problem. Sometimes a lawyer can act as a mediator between the debtor and creditor and facilitate a way to stop wage garnishment by crafting an agreement where the debtor can pay down the debt over time in reasonable payment installments.