Dealing With a Wage Garnishment Order
It is possible for creditors to file lawsuits in the courts in an effort to recover money owed. When the creditor gets a ruling in his or her favor, then the court will grant a writ for wage garnishment which will allow the petitioner to seize as much as 25% from the debtor’s income to settle the delinquent sum.
The following are several options to assist a debtor who is dealing with a garnishment order:
Perhaps, the best approach to handle a garnishment action is to make a deal with your creditor. As a debtor it is best to make contact with your creditor and inform them of your existing financial situation. As soon as the order is received, you should discuss the details with your creditor in an effort to settle the debt. You can make a deal with regards to getting a reduced monthly installment agreement and also ask for an extension on the repayment period.
In the event that you have problems in settling your debt, it is possible to get assistance from a professional with experience to deal with debt management. For both debtor and creditor, it is usually advisable to communicate appropriately in order to uncover an amicable resolution, rather than dealing with a lawsuit.
In addition, it is always best to file to get personal bankruptcy in an attempt to avoid a wage garnishment. If you the debtor declare a bankruptcy, this will automatically take effect to stop the garnishment action. In this case, the creditor might appeal to lift the stay and if this successful, it will enable them to collect based on the garnishment action.
You can also get legal assistance even if the garnished amount is small, if you have difficulties to support your dependents after the deductions are made. If you are successful in convincing a legal court, you can get a brand new order that will reduce the garnishment amount. It is generally recommended to consult an attorney to prevent this kind of lawsuit.
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