fight garnishment
If you owe a government debt, such as a student loan, child support or government mortgage loan, the creditor can garnish your wages. The garnishment will be used to pay any debt that is owed. Creditors may not garnish your social security benefits or retirement plan. It is best to stop a garnishment before it is requested by the creditor but there are still options available to you to stop it after it's in affect.
Instructions
1. Negotiate with the creditor. You should receive a written notice of the creditor's intention to collect their debt. The notice usually advises you if the creditor plans to garnish your wages. In many cases, you may negotiate with the creditor to start submitting monthly payments to pay your debt, even if you are behind on the debt. If you owe a balance on a mortgage loan through a government agency, such as United States Department of Agriculture Rural development, you may apply for a debt reduction.
2. Submit a written request for garnish information. You will usually receive a written notice of all information regarding a garnishment. You may contact the creditor or your human resources department that received the garnishment request. The notice includes the amount of the garnishment and the agency that requested it. If you decide to hire a professional to help you dispute the garnishment, present this information to them as verification.
3. Consult a tax attorney. You may use the tax attorney to act on your behalf. The tax attorney may be able to negotiate with the creditor and stop the garnishment or even reduce the amount of debt that you owe. Be sure that the attorney that you choose has experiencing in negotiating garnishments. The attorney may also set up a payment plan for you to repay the creditor.
4. File bankruptcy. You may stop a garnishment by filing bankruptcy. The garnishment will be stopped for the year that you file. You are not able to discharge child support and student loan garnishments in a bankruptcy. Provide the bankruptcy lawyer with any lawsuit summons that you have received from the court.
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