How to Reverse a Judgment for Garnishment
A creditor who obtains a judgment in a lawsuit or a small claims case has the right to utilize different court procedures to collect the money due and owing. A common collection procedure invoked by a creditor is a garnishment of the bank account or the wages of a judgment debtor. A judgment debtor does have certain rights to defend against either a wage or a bank account garnishment. A judgment debtor can seek court action to reverse a judgment for garnishment.
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Instructions
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Obtain a motion form from the clerk of the court. The court clerk's office typically maintains standard forms of different types of documents commonly used in court proceedings for individuals not represented by attorneys.
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Caption the motion form "Motion to Reverse Garnishment" or "Motion to Set Aside Garnishment."
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Explain in writing on the motion why you believe the garnishment is not proper and should be reversed or set aside. For example, if you already satisfied the judgment, an additional garnishment is not proper. In most states, if there is no valid judgment entered against you, a garnishment order is not permitted. Be specific in detailing why you believe the court should reverse the garnishment.
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File the Motion to Set Aside Garnishment with the clerk of the court.
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Send a copy of the Motion to Set Aside Garnishment to the party attempting to obtain funds from your bank account or wages. Rules of civil procedure in force across the country do not require the use of certified mail, return receipt requested. The motion form contains a standard verification that confirms you delivered the document via United States mail, first class postage pre-paid.
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Request a hearing date on your motion from the clerk of the court or the administrative assistant to the judge assigned the case. Typically, a motion is scheduled quickly because of the speed at which garnishments are processed.
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Notify in writing the other party of the date and time of the hearing. A notice form is available to you through the court clerk. As with the motion itself, the notification contains a verification of mailing within the document itself.
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Attend the hearing and present evidence and arguments supporting your request to reverse a garnishment.
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Tips & Warnings
The laws surrounding debt collection and garnishments are complex. Therefore, consider seeking the assistance of an experienced attorney to represent you. Local and state bar associations maintain directories of attorneys in different practice areas. Contact information for these groups is available through the American Bar Association.
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