How do I seek an exemption from my wage garnishment?

Question

How do I seek an exemption from my wage garnishment?

Answer

For anyone facing the possibility of or are already having their wages garnished, they may be able to benefit from wage garnishment exemptions. A wage garnishment is the legal right creditors such as credit card companies have to take money out of a person’s paycheck. The money debited out their paychecks each week can go to satisfy a judgment against them or pay bills such as child support. However, a person can be exempt from wage garnishments if they file the necessary paperwork with the county clerk office where the judgment was issued. This requires the person going back to the court where the judgment and garnishment was granted and requesting a hearing to stop the wage garnishment because of financial hardship. During the hearing the judge will want to see a financial disclosure document such as the list of monthly debts. These debts include rent and utilities. If the judge agrees that the person has too much debt to pay their bills and needs the money being garnished for basic support, then the garnishment will stop. Another wage garnishment can occur outside of court. If the individual has another wage garnishment, then the current garnishment will have to wait until the other garnishment is settled.

For all wage garnishment exemptions, people should seek legal advice. A lawyer can assess their financial situations and determine if their clients can obtain an exemption.

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