Along with the other financial problems of being in debt, the issue of wage garnishment often arises, as your creditors can file suit to have your wages garnished if they do not believe they are getting what is due to them through normal channels. How can you appeal to the court in order to stop wage garnishment, and what are your options if your wages are being garnished and you are having a hard time repaying your other debts as a result? There are a number of options available to you if you have been hit with a wage garnishment order by the court and want to appeal it.
One option if you have been faced with a wage garnishment lawsuit is to appeal to the court that issued the suit with a “claim of exemption.” Essentially, this means that although wage garnishment orders cannot be reversed, you can claim that the amount being garnished is interfering with your ability to live your daily life and provide the necessary funds to survive. If you can successfully prove this to the court, you will be able to have the wage garnishment modified or even have a lower wage garnishment amount issued so that you will be able to live without having such a large amount taken out of your pay.
During a claim of exemption proceeding with the court, you will need to:
Once you have convinced the court that you are unable to successfully maintain your current cost of living with the wage garnishment in place, they will either judge against the writ of garnishment and prevent the creditor from future wage garnishments, or they will issue a modification order to the original wage garnishment amount, so that you are only required to pay a lower amount and not the full original total.
When appealing to the court to stop wage garnishment, it is a good idea to work with an experienced attorney. He can help you gather evidence and craft arguments that are more likely to make the court see things your way and lift or change the garnishment order.