A wage garnishment is a legal process that allows a creditor to collect a debt by taking money directly from your paycheck. If you have been served with a wage garnishment, you may be wondering if there is any way to stop it without filing for bankruptcy.
The good news is that there are a few options available to you. However, it is important to act quickly, as a wage garnishment can begin very quickly after the creditor files the paperwork.
Your Options
There are a few different ways to stop a wage garnishment without filing for bankruptcy. These include:
- Negotiating with the creditor. If you can reach an agreement with the creditor to repay the debt, they may be willing to stop the garnishment. However, this is not always possible, and the creditor may not be willing to negotiate if they believe that you havethe ability to repay the debt.
- Claim an exemption. In some cases, you may be able to claim an exemption that will protect your wages from garnishment. The exemptions vary from state to state, so you will need to check with your state's laws to see if you are eligible for an exemption.
- File a motion to quash. If you believe that the wage garnishment was not properly served, you may be able to file a motion to quash with the court. This will stop the garnishment until the court can rule on your motion.
Unfortunately, though, those aren’t always feasible and in many cases, bankruptcy may be the best option. Our bankruptcy attorneys have helped thousands of individuals in Kansas and Missouri and will answer any questions you may have about your specific situation.
Which Option Is Right for You?
The best option for you will depend on your individual circumstances. If you have tried negotiating with the creditor, claiming an exemption, and quashing the garnishment unsuccessfully, you may want to consider filing for bankruptcy We can help you assess your situation and find the right bankruptcy plan for you.
What to Do Next
If you have been served with a wage garnishment, it is important to take action immediately. You should contact the creditor and try to negotiate a payment plan. If the creditor is not willing to negotiate, contact Castle Law Office to talk to one of our experienced bankruptcy attorneys to discuss your options and protect your rights.
Our Kansas City bankruptcy lawyer and law firm want you to succeed after filing for bankruptcy and we'll do everything in our power to make that happen, so you can get back on track financially. Give us a call at 816-842-6200 to speak with an attorney about your financial situation, or contact us online to schedule your free consultation.