Stopping Wage Garnishment in Montana

There are three effective methods of stopping wage garnishment in Montana but consulting with a wage garnishment attorney is the best method of insuring full access to all rights and regulations available to a debtor.

Appeal the Garnishment Writ by Claiming Exemptions

The federal restrictions regulating wage garnishment will be applied in Montana. If your wage garnishment writ demands more than the required amounts then it may be unlawfully withholding wages and it should be immediately appealed based on the federal statutory exemptions. The garnishment writ may not demand more than twenty five percent of the wage-earner's weekly disposable earnings, or alternatively, the amount of weekly disposable earnings that exceed thirty times the federal minimum hourly wage, whichever amount is less. These general limitations do not apply in cases of wage garnishment to access funds for child support, spousal support, tax debt, or in Chapter thirteen bankruptcies. In terms of efforts to collect child or spousal support the wage garnishment limitations in Montana are (1) for those providing custodial support, fifty percent of the wage-earner's disposable income and (2) for those not providing custodial support, sixty percent of the wage-earner's disposable income.

File for Bankruptcy in State or Federal Court

Filing a personal bankruptcy under Chapter 7 or Chapter 13 may stop wage garnishment depending on the type of debt that gave rise to the garnishment writ. Some types of debt such as garnishments for such funds providing child support or spousal support may not be discharged even by bankruptcy. Federal bankruptcy law protects seventy five percent of wages from garnishment but the federal wage garnishment law applied in Montana may provide for greater wage protections and exemptions without the need to file bankruptcy.

Negotiate a Debt Pay Off

Arranging a full pay down of the debt invoking the wage garnishment by arranging an agreement with the creditor can be an effective way to stop wage garnishment. A lawyer may be able to mediate an agreement between the debtor and creditor to facilitate a stop wage garnishment and allowing the debtor to pay down the debt in timed installments or at a greatly reduced amount.

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