How to Dispute Garnishment
Garnishment refers to the act of automatically collecting money from an individual's paycheck or bank account. Garnishment is the result of a judgment entered against the individual, typically the defendant in a legal matter, where he then owes the plaintiff a sum of money. It can also happen because of a court order in a child support matter when the individual ordered to pay support refuses to do so and/or owes a significant amount of back-due child support.
Garnishment is typically removed from the individual's paycheck before he receives it, although it can also be automatically debited from any bank accounts or other sources of income if the individual has no paycheck or has unreported income (colloquially known as being paid "under the table").
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Instructions
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Obtain a copy of the writ of garnishment, if you do not already have one. The writ of garnishment is the court order that results in your wages or other assets being garnished until the judgment has been completely satisfied. You can request a copy by contacting the clerk of the courthouse where the judgment was entered and providing the case name and docket number.
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Draft a motion to vacate the writ. You can ask the judge to vacate--which means to set aside and effectively overturn the order, by writing and filing a motion with the court demonstrating that the original order is either inaccurate, the judgment has been paid off or the debt for which the judgment was ordered never existed in the first place. You must show good cause for the writ to be vacated; not being able to afford the garnishment is not a valid reason.
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Attach a copy of the original writ of garnishment as an exhibit to your motion. You can also attach any other documents you feel are relevant to the point you are trying to make or that will prove your case. Label each exhibit and reference them within your motion (for example, "attached hereto as 'Exhibit A' "). Make a copy of the entire motion and exhibits to save for your personal records.
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File the motion with the clerk by visiting the courthouse and submitting it. You must pay a filing fee before the motion will be accepted. Afterward, you must provide the plaintiff in the matter with a notice of motion, along with a copy of the filed motion.
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Attend your motion hearing, which you will be assigned after filing your motion. Prepare for the hearing as if it were any other court date, by dressing appropriately, bringing any documents to demonstrate your position and being prepared to argue your position. Both you and the plaintiff will have a chance to explain the reasons for your positions; do not interrupt the plaintiff when it is her turn to speak for any reason. When the hearing ends, the judge will make a decision and either sign the order to vacate the writ or refuse the order and allow the writ to stand.
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