How to Fight Court Ordered Wage Garnishment
Before the court approves wage garnishment due to unpaid child support, alimony, taxes, loans or credit card bills, the creditor will need to show that you are responsible for the debt but have failed to make regular payments pursuant to your original agreements with the moving party. If you pay off your debt in full after the court approves the garnishment, however, the creditor will no longer be able to take your wages. If this is the case, or if the creditor is acting outside of the law and seizing your pay unfairly, you may petition the court to stop the garnishment.
Other People Are Reading
Instructions
-
-
1
Draft a petition outlining the details of your garnishment. List the case number of the original matter in which the court approved the garnishment, the amount of wages that are being garnished and the amount of the original debt.
-
2
List your reasons for appealing. In your petition, describe the legal and factual reasons behind fighting the garnishment. Cite all pertinent state and federal statutes that support your argument.
-
-
3
Show that you have fulfilled the debt. If you have paid off the debt in full since the garnishment order was issued, or if the creditor is continuing to garnish your wages after they have collected the total amount due, provide the court with documentation of this.
-
4
Prove that the amount that has been taken from your paychecks exceeds the maximum permitted under the law. If the creditor is taking more than 30 percent of the federal minimum wage or over 25 percent of your disposable income, they may be in violation of the Consumer Credit Protection Act. If this is the case, show the court pay stubs, cancelled checks, receipts and correspondence from the creditor to back up your claim.
-
5
Make your case at your hearing. After you have submitted your petition and written paperwork to the court, you will have the opportunity to make your case in front of the judge and present evidence and witnesses to further your appeal.
-
1
