What to do if you dispute a wage garnishment?

If you dispute the judgment (such as improper service of process), then you should consult with an attorney as soon as possible. There may be grounds to vacate that judgment, but you may have a limited time to do so, and it is a very difficult process. It may not immediately stop the garnishment and you may have to post a bond or take other action.

Can a judgment creditor file a wage garnishment?

Here are some common objections. When a judgment creditor files a wage garnishment against you, you may have grounds to challenge it (called objecting to the wage garnishment). The types of objections you can raise against a wage garnishment depend on your circumstances, federal law, and the laws of your state.

How to object to a wage garnishment you nolo?

For more information on exemptions in wage garnishment, read Nolo’s Using Exemptions to Protect Your Wages From Garnishments. You may have additional reasons to oppose the garnishment. For example, you have already paid the judgment creditor or you received a bankruptcy discharge. In that case, you should describe the basis for that objection.

What happens if you do not appear in court for a garnishment?

Garnishment frequently happens when debtors do not appear in court, allowing the creditor to win a default judgment. Once the creditor has won in court, the court will mail a notice to you and your employer about what is happening. Don’t be embarrassed that your employer knows you’re being sued over a debt.

Can You garnish the wages of a judgment debtor?

If the judgment debtor does not currently support a spouse or child, you can garnish up to 60% of the wages (65% if the debtor is 12 or more weeks in arrears). Some states have even lower wage garnishment limits.

Is it too late to stop a wage garnishment?

If you have a legal basis to dispute the judgment (for instance, you were never properly served with the complaint and subsequent legal papers), it may not be too late to stop the garnishment. You will not be able to dispute the judgment at the garnishment hearing, so raising any of your defenses or objections will fall on deaf ears.

Can a judge garnish your wages for alimony?

Additional Limitations and Obstacles. You cannot garnish wages if they are already being garnished by another creditor, unless (1) the first garnishment takes less than 25% of the debtor’s disposable income (or whatever the state limit is), or (2) you have a judgment for alimony or child support.