Incomes Growing Faster than Debt in US
Many people face financial difficulties that lead them to consider bankruptcy. However, when people are also dealing with wage garnishment, they may believe they have no other alternative. Fortunately, there are other options than bankruptcy that can prevent creditors from garnishing your wages.
Responding to Demand Letter
If a creditor sends a demand letter, respond immediately and do not ignore it. Taking the opportunity to negotiate a repayment plan with a creditor rather than ignoring the problem is a better course of action because it might deter wage garnishment.
State-Specific Remedies
In some states, there are certain protections available to people facing wage garnishment. Some states allow you to request that the court appoint a trustee. With this option, you make payments to the trustee, who, in turn, gives payments to other creditors. Other states allow people to make claims of exemption, which allows them to eliminate wage garnishment if they can prove economic hardship or that their salary is mandatory for supporting their family.
Objecting to Garnishment
You can also file objections to garnishment. This must be done in writing to the court, and you can also request a hearing. Often, garnishment papers include forms for you to object to garnishment and request the hearing. In some cases, you must file certain documents separately. The following are common objections:
- Creditor Didn’t Follow Proper Procedures: The court can end garnishment orders if the creditor failed to follow proper procedures.
- Creditor Was Paid: If the individual already paid a judgment, the creditor is not due to the garnishment.
Attend Objection Hearing
After you file an objection, you should attend the hearing. Not going can result in the court overruling the objection so the garnishment can commence. However, even if the court denies your objection, you can still meet with the creditor to negotiate repayment, which can potentially stop the garnishment.
Challenge Judgment
If you have a legal right to dispute the judgment, you may be able to stop the garnishment. Vacating a judgment is possible by filing a separate motion and attending a different hearing. Talking with an attorney is necessary to pursue this option, which has a time limitation.
Continue Negotiating
You can continue negotiating with the creditor to resolve the issue, even after garnishment begins. It’s essential not to give up and to keep trying to develop a repayment plan that can stop garnishment of wages. Those who take their wage garnishment issues seriously will acquire an attorney who can make sure that every legal process is handled efficiently.
Heather Benveniste with Benveniste Law Offices has experience negotiating debts with creditors for Illinois debtors, and she can do the same for you. With seven years of experience as a debt collection attorney, she understands how the other side operates and can use that inside knowledge to your benefit. Contact us today at 1-800-497-5358 for a free case evaluation.
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