How to Get a Writ of Garnishment Removed
A writ of garnishment is a court-approved collection procedure used to enforce a monetary judgment against you by allowing the money to be taken from your wages. Once a legitimate garnishment order has been approved by the court in which the civil action was filed, there is little you can do to remove it. There are, however, steps you may take to verify that the writ has been properly obtained and is implemented in keeping with the legal requirements of your state. Getting paid by means of a garnishment can be laborious enough that it's not unheard of for a creditor to voluntarily remove the garnishment if he can come to an agreement with the debtor.
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Instructions
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Court
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Call or visit the clerk's office in the civil court that issued the garnishment. A writ of garnishment is issued by a court only if the creditor has obtained a judgment. If you were never served with a summons and a copy of the plaintiff’s complaint, call the clerk’s office and ask for a copy of the return of service, which should show the date when the summons was served. If the plaintiff got a default judgment because you failed to answer the complaint and you have a legitimate defense, file a motion to remove the default judgment. Ask the clerk for the date the judgment was entered on the court’s docket.
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Contact the creditor. A writ of garnishment will be removed legally if you pay the outstanding balance. Ask the creditor for a dismissal of the garnishment order in exchange for payment of the remaining balance. In most jurisdictions, once a judgment is issued, the creditor gets an execution from the court. This is the official court document that indicates that the creditor is entitled to the dollar amount of damages awarded. Request that the creditor return the execution to the court marked "paid in full".
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Figure out what part of your wages is exempt from garnishment. In most jurisdictions, a specified portion may not be touched--usually the first 25 percent. Also, Social Security, disability and welfare payments are usually exempt. Go to a local law library or find your state statutes online (see Resources) to check that the writ of garnishment order does not exceed the amount allowable by law in your state. The procedures for obtaining and removing a garnishment vary from state to state--if you're able to, check with a local attorney whether the garnishment order was properly authorized and how it may be removed.
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Call or meet with the creditor and try to make alternate payment arrangements. Administering a writ of garnishment is a cumbersome and costly process. In many states, the creditor must file documents for each pay period with the court, then have the order properly served on the debtor's employer. A creditor may be willing to remove the garnishment if you promise to pay up.
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