Garnishment is one of the most common ways people are forced to pay debts. If you have a judgment against you, a garnishment may be issued against your wages or bank account, affecting your monthly income.
Even if you don’t feel you owe the money, being forced to take time away from your job can cause more than financial hardship; it can be emotionally upsetting.
Learn how you can better handle the situation.
What Is Garnishment Defense?
The garnishment defence is a legal technique that protects you from having your wages garnished. It’s a way to stop the government from taking money from your paycheck or bank account.
To collect wages or other money owed to you, the government has to go through a court process called “collection” and “garnishment.”
It can take months, even years. If you don’t pay up, your wages will be garnished, taken out of your paycheck, and sent to the government.
What Are Your Options If A Creditor Sues You?
If a creditor sues you, then you will have to defend yourself. You will need to hire an attorney, such as Judgement Defense Attorney. The creditor may file a lawsuit against you to obtain the money owed to them. Your attorney can help you determine whether or not a case is appropriate and how best to handle the situation when it does occur.
There are several options available if a creditor sues you:
- You can agree to pay the debt immediately; however, interest rates may be added if no other agreement has been reached between both parties.
- You may attempt to negotiate with the creditor for a payment plan that would allow for partial payments over time but still require a settlement before any legal action is taken against you (for example, negotiating for an extension of time before filing suit).
- You could also choose not to file any response and allow the claim against you to remain pending until after judgment has been entered against you by the court or until it becomes clear that there will not be any chance at all of winning any case brought up against
When Can Creditors Garnish Your Wages?
The wage garnishment process is governed by federal law, which has changed over time. The current law requires that creditors undergo a formal process before getting their first paycheck withheld by their employer.
The creditor must file a Notice of Garnishment with the court and get an order from the court before they can start withholding your wages.
There are several ways that creditors can collect the debts you owe them. One of these methods is wage garnishment.
Wage garnishment occurs when a creditor has already obtained a court order to have part of your wages deducted from your paycheck.
If a creditor obtains this type of order, they can withhold money from your paycheck until the debt is paid in full.
Exemptions Available To You
The purpose of the judgment and garnishment defence is to help you protect your assets. A judgment and garnishment defence is a set of laws that protect your assets from being seized by a creditor.
To qualify for an exemption, you must meet one of these three criteria:
- You are a senior citizen or disabled person.
- A court has granted you bankruptcy protection.
- Your income is below a certain level, as determined by the court.
How Can You Challenge A Garnishment?
If you win an appeal of the initial judgment and order against you, then the garnishment order is reinstated. It means it’s back in your bank account and can be used again by the creditor.
There are other ways to challenge a garnishment order and win in court. For example:
- You could file a motion to set aside the court’s order against you because it was obtained in violation of the due process rights of another person who did not want to be involved with the proceeding; or
- You could file an objection to the garnishment order because it does not meet all conditions required by law; or
- You could file an objection to the amount of money being taken from your account because it is too high or too low based on how much money is owed.
What To Do When You Get A Garnishment Judgment
Knowing how to respond is essential if you are getting a garnishment judgment. The first step is contacting your local sheriff’s department and finding your options for managing the debt.
By working with them directly, you can avoid some of the consequences of having a judgment against you.
If you have no other options and the creditor is trying to collect on an existing debt, then some steps can help protect your assets from being taken by the creditor in the future:
- Make sure your personal property is protected in storage or lockdown.
- Contact an attorney specializing in bankruptcy law and work with them on filing bankruptcy if possible.
- Contact an attorney specializing in consumer protection law and work with them on filing a class action lawsuit against the creditor.
Why Is Garnishment Defense Important?
If you don’t have enough money to pay your debts, keeping up with them can all get tricky—especially when they’re in collections.
If they’re in collections, they might keep taking out more money than what’s owed. It could cause problems for many people trying to live on just one income and make ends meet.
The garnishment defence is important because it allows people behind their payments to stop this by filing a case against their creditors before any money is taken out of their accounts by collectors.
At the end of the day, your goal is to come out of this process with your finances intact. However, Garnishments and judgment can often be too costly to deal with.
But whatever the case may be, know that there are options out there that are legally defensible. If you’re convinced, it’s time to look forward to a new tomorrow.