What Can an Attorney Do to Stop Wage Garnishment

During times of financial difficulties caused by economic recession or depression it is common for debt levels to sky rocket. If overwhelming debt has resulted in a wage garnishment ruling against you, there is very little you can do to counteract this process. Many people who find themselves in this situation often opt to file for bankruptcy. Filing for bankruptcy will legally halt your wage garnishment and any other impeding debt collection against you. This is why many people use bankruptcy as weapon to dodge wage garnishment rulings, but it can also lead to many unwanted results. So, what other options do you have?

Claim of Exemption?

It can be extremely difficult to reverse a wage garnishment judgement. However, if the garnishment against you is prevent you from paying your basic living necessities such as:

  • Rent,
  • Mortgage,
  • Utilities,
  • Food, etc.

you may be able eligible to file for a "Claim of Exemption" form. This is where an attorney who specializes in debt collection cases could be of great assistance to you. In order to win a claim of exemption cases you will need to prove the the court that your wage garnishment is hindering your ability to provide for yourself and any dependents you may have. You will need to provide proof of income and detailed documentation of all living expenses. Provided that you win your case, the judge will remove the writ of garnishment against you.

If you Lose

In the account of a lost claim of exemption case, you will be required to pay the writ in full. This amount is payable in full or through the garnishment process, but whatever method you choose it is important get legal documentation that confirms you resolution of debt. The reason this is so important is because it will be extremely difficult to obtain any loans or credit in the future without proof that your past issues have be resolved one-hundred percent.

Getting Help

If you really want to be successful in stopping a wage garnishment, you need to consult with an experienced attorney as soon as possible after receiving notice of the wage garnishment. Your attorney can get the ball rolling as far as filing court documents and taking other legal steps to help put an end to the wage garnishment before you find yourself with a smaller paycheck and trouble making ends meet.

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