What does it mean to protest a wage garnishment?

Question

What does it mean to protest a wage garnishment?

Answer

Protesting a wage garnishment means that you are seeking to exempt your wages from garnishment. Typically, when your wages are garnished, a creditor or creditors have obtain a judgment against you. This means they’ve sued you and won their lawsuit in court. Then the court grants them the ability to garnish your wages. As soon as your employer receives the paperwork, up to 25 percent of your wages are taken every week, two weeks or month. The garnishment will last until the debt is satisfied.

However, you can go back to the court that issued the garnishment and protest. This means that you file the required court motion to obtain a hearing date. At your hearing, you’ll have to convince a judge that you can not afford wage garnishment. In other words, you need the money taken out of your paycheck to live.

Protesting a wage garnishment takes evidence or proof. This proof generally includes your bills such as rent, grocery, utilities medical bills and car payments. You can also show use your paychecks as proof too. The judge will look over all your evidence. If the judge agrees with you, the garnishment is terminated. However, the wage garnishment will stay in place if the judge rules against you.

Before filing a motion to protest a wage garnishment, consult a lawyer. The lawyer help draft a motion and submit it in court. Also, the lawyer will assist you in gathering supporting documents to prove your case.

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