Wage garnishment judgment help me understand my options
1. Wage Garnishment Judgment - Help Me
Understand My Options
In order to understand what a wage garnishment judgment is, you must first understand
how a garnishment happens and what exactly it is.
In essence, a wage garnishment is a court order that your employer take out a certain
percentage of your after tax income and pay it directly to your creditor. The exact amount
can vary depending on the state in which you reside, so you will want to check with your
local government to determine the amount. However, a wage garnishment judgment
cannot happen unless a lawsuit is first filed by the creditor.
After the lender has filed the necessary paperwork to invoke a lawsuit, you will
immediately be notified. You usually have between thirty and forty-five days before a court
hearing will commence. During this time, you can usually dispute the debt with the lender
to try and have the debt investigated and erased. Or, if the debt is truly yours, you can try to
make other payment arrangements with the creditor to have the suit dropped.
If neither of these avenues allow for the lawsuit to be dropped, a wage garnishment
judgment can still be placed against you after the court hearing. Usually, a judge has to
agree that you owe the creditor before the garnishment is set in place. In addition, there
has to be time given to allow your employer to make arrangements to start the
garnishment. Simply put, wage garnishment judgments do not happen overnight despite
what many collection agencies want you to believe.
One important thing to remember is, however, that ignoring a lawsuit by a creditor will
most likely cause a wage garnishment judgment to be issued in the favor of the creditor. By
not showing up to the court hearing, most judges automatically assume you are purposely
being irresponsible and will rule in favor of the creditor.
What can you do once a wage garnishment judgment has been placed against you? The
smartest thing to do is to pay off the debt as quickly as possible. A garnishment judgment
can only last as long as it takes for the debt to be completely paid off. By making additional
payments over and beyond the garnishment judgment, you are able to make this happen
much more quickly. If you are not financially able to make additional payments on the debt
and the judgment is causing financial hardship to you or your family, contact the lender
directly. In extreme cases, provable hardship (foreclosure of a home, repossession of your
only vehicle) can cause the lender to make other arrangements for the account to be paid.
However, if you miss one of those alternative payments, the judgment can be put back in
place. Now that you are empowered with more information, go out there and take action.
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