How to Dispute Wage Garnishment

Wage garnishment is taken directly from a paycheck.

Wage garnishment refers to a legal entity automatically taking money out of your salary. This occurs because of legal matters, such as a student loan or bankruptcy, in which the defendant owes a plaintiff money. Wage garnishment usually occurs before the person receives the paycheck.

Things You'll Need

• Original writ of wage garnishment
• Exhibits
• Filing fee

Instructions

1. Request a copy of your writ of garnishment if you are not in possession of the original. This is an order from the court that determined your wages must be garnished until the payment has been fulfilled completely. Visit the courthouse where the judge ruled your case and request that the clerk provide you with the writ, using the docket number for reference.

2. Request the judge vacate your writ, meaning that the judge will overturn his decision should he find the debt has been repaid or that it shouldn't have been ordered to begin with. You must present a good reason for this to be approved, meaning that not being able to afford it doesn't count.

3. Submit your writ along with your motion. Attach other documents you think will help your situation. Make sure to label them properly and to detail why they are relevant to your appeal. For example, you may say "attached hereto as 'Figure B'." Save a copy of your motion for archival purposes. You will need to submit a filing fee as well.

4. Attend the hearing for your motion. Dress appropriately and bring all of your documents for evidence. Be prepared to state your position and argue for your belief. After you state your case, the plaintiff will also be given a chance to say a few words, and it is important that you stay silent while doing so. After the hearing, the judge will make his decision.

References

• 28 C.F.R. § 3104 (2008)
• 28 C.F.R. § 3205 (2008)