How to Fight a Wage Garnishment

Wage garnishments are a form of debt collection.

Wage garnishment is one of several options a creditor has to collect a debt from you. Creditors (excluding government agencies) must obtain a judgment holding you responsible for a debt, along with an additional court order authorizing the garnishment. You can use these procedures as an opportunity to fight the garnishment. Additionally, there are state and federal restrictions on the types and amounts of wages that can be collected.

Instructions

1. Contest the validity of the debt. When a creditor files a suit against you to get a judgment for a debt, you will receive a summons and a complaint. If you can present evidence that the charge is incorrect, or that the statute of limitations has expired, the judge will most likely not issue a judgment against you.

2. Argue against garnishment. Once a judgment is entered against you, the court can authorize garnishment; however, you can present reasons why the court should not authorize garnishment at this point, such as an undue burden on a dependent child. Even if an order authorizing garnishment is entered, you will still be given a final opportunity to present reasons garnishment should not occur.

3. Make yourself "ungarnishable." The easiest way to defeat a garnishment may be to simply quit your job. Even if you get a new job, the creditor might not find you in time to enforce the garnishment. According to Lawyers.com, federal law prohibits the garnishment of Social Security benefits, retirement plan benefits or public assistance benefits. If any of these are your only source of income, you may be "ungarnishable."

Tips & Warnings

• Check the garnishment laws in your state for additional restrictions on wage garnishments. Many states do not allow garnishment orders to be renewed.

References

• BCS Alliance: How to Fight Back Against Debt Collectors
• Lawyers.com: How Garnishment Works

Resources

• BCS Alliance: Garnishment Laws by State