How to stop wage garnishment ! By: Michael Malloy
How to Stop Wage Garnishment If your paycheck is being garnished, there are a few ways you can go about stopping it. You’ll either have to pay the debt, make an agreement with the person you owe, or file a specific motion with the court. How to stop a wage garnishment:
Pay what you owe. If you cannot pay the full amount, this won’t stop the garnishment.
Make a written agreement with whoever got the garnishment and file this agreement with the Court Clerk. The agreement should say that you will pay a specific amount each week or month.
File a Slow-Pay Motion. A slow pay motion asks the judge to let you make small payments. This is the next course of action if the person who sued you won’t make an agreement with you.
If you file a Slow-Pay garnishment, it is up to the judge’s discretion as to whether he or she will allow the Slow-Pay Motion. To file a Slow-Pay Motion, you need to go to the Court Clerk’s Office. The clerk will give you a form to fill out. This form will ask:
Where you work.
How much you make.
How often you are paid.
The name and address of the person who got the garnishment.
Your case number.
How much the judge said you owe.
How much you’ve paid already.
The clerk will be able to help you find out any information you don’t have. Then the clerk will ask you to swear that everything on the form is true to the best of your knowledge. You may have to pay a small filing fee when you file the form. Then you’ll have to come back to court on a certain day, and the person you owe will also be there. You’ll have to convince the judge that you need to make smaller payments, so be prepared with copies of your rent, electricity, water, gas, and any other bills you have. Write down all of your expenses, and any income you have. The judge will ask you why you can’t pay the full amount, and how much you think you can pay on a weekly or monthly basis. Be sure to offer to pay only as much as you think you can really pay. The judge may agree to the amount you suggest, or he may ask you to pay more. The judge will tell you who to pay and when. You may have to pay the court directly, or it may go straight to the person you owe. Always pay on time, and keep a record (receipt or canceled check) for what you pay. If you don’t pay on time, you could be subject to fines, or you could have to pay the full amount all at once, or the judge could order other penalties. If you can afford an attorney, it might be more likely that you would be able to get the amount you want. If you can hire an attorney, you should do so. If not, just be prepared with as much information as possible to prove your case.
Written by: Michael Malloy ( The Credit Physician ) This author has been researching the anatomy of the credit report for years,giveing readers the information to empower them to take control of there credit reports. www.creditphysician.net md@creditphysician.net
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