3 Ways to Fight a Garnishment
If you are facing a wage garnishment, there are several ways you may be able to stop or reduce the garnishment. Here are the top three ways to stop a wage garnishment in Utah:
- Set up a payment plan: One of the most effective ways to stop a wage garnishment is to set up a payment plan with your creditor or debt collector. You can negotiate a payment plan that works within your budget and allows you to pay off your debt over time. Once you have made arrangements with your creditor or debt collector, they may be willing to stop the wage garnishment.
- File for bankruptcy: If you are unable to negotiate a payment plan or other arrangement with your creditor or debt collector, filing for bankruptcy may be an option. When you file for bankruptcy, an automatic stay is put in place, which stops all collection activities, including wage garnishments. Depending on the type of bankruptcy you file, you may also be able to discharge or reduce some or all of your debts. Check out your Utah bankruptcy options here.
- Contest the garnishment: If you believe that the wage garnishment is not valid or that it is too high, you may be able to contest the garnishment. You can file a claim of exemption with the court, which will allow you to argue that the garnishment should not be allowed. If the court agrees, the garnishment may be reduced or stopped altogether.
It is important to take action as soon as possible if you are facing a wage garnishment. Ignoring the issue will only make it worse, and you may end up losing more of your wages over time. Working with a knowledgeable attorney can help you understand your options and take the steps necessary to stop the wage garnishment.
Are there other things beside wages that can be garnished?
In addition to wages, there are several types of income and assets that can be subject to garnishment. Here are some examples:
- Bank accounts: Creditors can garnish funds in your bank account to satisfy a debt. This is known as a bank levy or attachment.
- Tax refunds: The government can garnish your tax refunds to pay off debts owed to federal or state agencies, such as unpaid taxes, student loans, or child support.
- Investment accounts: Creditors may be able to garnish funds from your investment accounts, such as stocks, bonds, and mutual funds.
- Rental income: Landlords may be able to garnish rental income from tenants who owe back rent or other debts.
- Commission payments: If you earn commissions in addition to your regular wages, these payments may also be subject to garnishment.
- Royalties: If you earn royalties from a book, song, or other creative work, these payments may also be subject to garnishment.
It is important to note that the rules for garnishment vary by state and by the type of debt owed. Some income and assets may be exempt from garnishment under state or federal law, so it is important to consult with an attorney or financial advisor to understand your options and protections.