One of the more shocking events that can occur to an American households is a wage garnishment. Even though the garnishment is based on a court judgment, the process for the garnishment to start can be a surprise because the creditor often does not need to include the garnishee in the process leading up to the first garnishment. Unfortunately, many times, debtors come to find out about the garnishment, when they see their paystub – when it is too late to get the money back. Naturally, the first thought is, “how can I put a stop to it or reduce the garnishment so that they can maintain their living expenses?”
Some debtors are allowed to file exemptions to the lower or eliminate wage garnishment. These exemptions can be challenged in court and debtors should be prepared to defend their claims. Though this process can be handled by the debtors on their own, it may be worthwhile to have an attorney do this for you. However, the exemption does not erase the obligation of the debtor to pay the creditor, it reduces or limits the amount taken out per paycheck, due to the debtors’ current income.
If debtors are interested in erasing the obligation to pay and end other harassing collection activity, then they should look into whether a bankruptcy is viable option for their situation. A bankruptcy can eliminate or erase the debtor’s obligation from the judgment permanently. The bankruptcy can erase other unsecured debt as well, allowing debtors to have a fresh start, without the burden of debt.