Can I Get an Injunction for the Garnishment of My Wages?
Provided by HG.org
Wage garnishments occur with frequency when certain conditions transpire where the individual must pay a company or organization. If a person has debts or been overpaid by a business or association, he or she must pay the amounts or other penalties or consequences may be issued.
However, if the garnishment is in error, there are certain actions that someone may take to stop the problem. Taking money from those with little usually creates further complications that may lead to a case presented before a judge or a motion filed by a lawyer. It is imperative to end these garnishments. Knowing what to do becomes invaluable in these situations.
In most states, the creditor that has a requirement to send a demand letter which warns the person that he or she must pay the company or a garnishment of wages will occur. This document is important, and it should not be ignored. It is preferred to obtain payments from persons voluntarily rather than a garnishment as these processes cost money, take time and more paperwork is necessary to complete the procedure. Negotiating a type of payment plan with the debt collector is frequently beneficial to the person who owes the money. By communicating with the organization, it is possible to resolve the matter quickly and with little or no negative consequences.
Remedies to Garnishment Problems
Because most garnishments depend on stipulations based on each state, it is important to seek a specific remedy based on the one where the affected individual lives. Some states permit a trustee to be appointed who receives payments and distributes these monies to creditors for the person. When there is a trusteeship in effect, garnishments are not possible. Another state permits exemptions. These reduce or remove a garnishment if economic hardship for the affected may be proven based on income needed for family support and similar matters. Some states have provisions to eliminate wage garnishment through an injunction, a motion with a lawyer and other items.
Another remedy to garnishments is to seek debt counseling. These services may stop wages from being taken when an effective plan has been created to negotiate payment to creditors through the third-party service company. While some debt collectors may not agree to these situations, when creditors do accept this, the garnishments are removed from activity. Any objection to the income being funneled automatically should be raised before the garnishment completes. This may lead to a hearing with the possibility of eliminating the problem. If the amount taken is over a certain percentage, it is possible to seek action to have this reduced. However, these circumstances do usually not affect child support or alimony.
Paid Debt Collectors
If the debt collectors have already been paid, an objection must be issued so that the creditor is not taking monies from the wages of the worker. If an objection was received but not processed, it may be possible to seek an injunction to terminate the garnishment until the documentation may be reviewed and the debt collector contacted to review financial records. It is vital that no more than what is owed is received by the organization. It is usually essential to seek a lawyer to ensure this process is completed properly and quickly to remove the economic burden from the affected person.
In some situations, negotiations must occur before the company is able to terminate garnishment processes. This may require attendance at the hearing, ensuring the presence of the garnished individual is available at the objection meeting and that negotiations occur with the company taking the wages. Challenges are important to these proceedings. Without making some type of objection, the organization issuing the garnishments is unaware anyone is opposed to the action. Legal papers must be provided to the company. Time is needed for these procedures, and a lawyer should be hired for representation. It is vital that an objection is issued swiftly due to the restrictive time periods available with a garnishment.
Negotiation and Legal Counsel
Because a garnishment may be reduced, eliminated or altered in some manner, it is critical in seeking legal counsel for negotiating the terms and requirements. If the garnishment has already been paid, a lawyer may be necessary to ensure the company removes the action and returns any extra funds obtained. Even if the garnishment has already started, negotiation is still possible. Additionally, any legal action needed to immediately stop the garnishment should be accomplished through a legal representative.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.