You may want to consider either bankruptcy or a local court approved payment plan.

Answer Applies to: Michigan
Replied: 10/14/2011

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Sure. Pay them the money you owe them or file bankruptcy.

Answer Applies to: California
Replied: 10/6/2011

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If you live in Texas, and have for a while, your wages cannot be garnished for ordinary debts like credit card debts. The only way that could happen is if you were living in another state, and you were sued in another state that does allow garnishment. If they then bring their judgment to Texas, after you move here, then yes they can garnish your pay. Texas courts have to give "full faith and credit" to the judgments of other states. Also, if you are or have been personally sued for a business-related debt as opposed to a consumer debt, business-related creditors can sue you in other states, depending upon what your contract or agreement with them provides. If you are being sued for a business debt in another state that allows garnishment, then yes, if they obtain a judgment against you, they can then bring it to Texas and garnish your pay here in Texas. But if you have continuously in Texas, and your debts are consumer debts, i.e. for personal, family or household purposes, then you can only be sued here in Texas, and the Texas Constitution Article 16, Section 28 prohibits the garnishment of wages except for child support or "spousal maintenance." Likewise the Texas Property Code Section 42.001(b)(1) says that current wages are exempt from seizure except for the enforcement of court-ordered child support payments. Other exceptions to the Texas garnishment laws: (1) student loans can administratively garnish your paychecks for past due student loans; (2) the I.R.S. can levy your paychecks for unpaid taxes. These take precedence over the Texas Constitution because they are federal, and federal trumps state. In any event, even if garnishment of wages is prohibited in most cases in Texas, once your wages are deposited in the bank, they are not considered wages anymore, only a bank account, and bank accounts can be garnished. If you are concerned about that you should probably consult with an experienced consumer bankruptcy lawyer about your options.

Answer Applies to: Texas
Replied: 10/5/2011

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Yes, it is called "bankruptcy". However, they can't garnish unless they have a judgement. So if you have not been sued they can not garnish wages or levy bank accounts.

Answer Applies to: California
Replied: 10/5/2011

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Yes, you can file a petition for bankruptcy protection. I would be glad to help and meet with you to discuss this further.

Answer Applies to: New Jersey
Replied: 10/5/2011

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A chapter 7 bankruptcy can help stop a wage garnishment. You may want to consider hiring a bankruptcy attorney to help you with your wage garnishment issue.

Answer Applies to: California
Replied: 10/5/2011

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In Maryland, a creditor generally needs to get a judgment against you before it can garnish your wages. (There are some exceptions. The IRS, for example, does not need a judgment before it can garnish your wages.) Once the creditor has a judgment against you, you generally have 3 options to prevent garnishment: (1) voluntarily pay the judgment, (2) challenge the judgment if you have grounds to do so, or (3) file bankruptcy to wipe out personal liability for the judgment.

Answer Applies to: Maryland
Replied: 10/5/2011

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Before a creditor can even attempt to garnish your wages, they must first obtain a judgment against you in a civil lawsuit. Once that judgment has been obtained, the creditor must file a Motion requesting court approval to garnish your wages. A hearing will be scheduled before the court will approve this Motion. You will receive written notification of the civil suit, motion to garnish wages, and the hearing. Filing for bankruptcy will stop any pending court proceeding as well as any wage garnishment that may already be in place. If you are able to file under Chapter 7, the debt will likely be completely discharged.

Answer Applies to: Massachusetts
Replied: 10/5/2011

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Garnishment of wages and bank accounts can be prevented in Colorado by not allowing the creditor to get a judgment. If you are served a lawsuit (summons & complaint), you have four options. 1) File an answer and dispute the claim, 2) arrange for a payment plan with the creditor, 3) file bankruptcy and stop the lawsuit, 4) do nothing (only recommended if you are uncollected).

Answer Applies to: Colorado
Replied: 10/5/2011

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Filing the bankruptcy petition automatically creates a federal injunction, called the automatic stay, that stops creditors from doing anything to collect their debt, including garnishing your wages. There are exceptions to the automatic stay, such as collecting child support; and, if you filed another bankruptcy within a specific time of filing this one, that filing may prevent the automatic stay from becoming effective.

Answer Applies to: Maryland
Replied: 10/5/2011

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Your creditors cannot garnish your wages without a judgment against you. There are several steps in the legal process to getting "trustee process" against a person starting with a lawsuit. If you have not yet been sued, you need not worry yet. If your finances are that bad, you should seriously consider consulting an attorney about debt relief or bankruptcy.

Answer Applies to: Massachusetts
Replied: 10/5/2011

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You can file a bankruptcy. It will stop all garnishments.

Answer Applies to: Florida
Replied: 10/5/2011

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You can either settle the claim with the creditor or file bankruptcy. If creditors have received a judgment against you already then they are allowed to proceed to collection.

Answer Applies to: New Jersey
Replied: 10/5/2011

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You can either negotiate with the creditors and go on a payment plan or file a bankruptcy and you will not be garnished or have to repay any of that debt.

Answer Applies to: New York
Replied: 10/5/2011

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Either file bankruptcy to stop them or set up a payment plan with the creditors prior to them getting a judgment against you or starting to garnish your wages. If you have a large amount of creditors and can file bankruptcy, that is probably the easiest, quickest way to go. Many attorneys give free initial consultations. Have an expert look at your situation and help you decide which way is the best way for you to go. Good luck.

Answer Applies to: Michigan
Replied: 10/5/2011

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Most creditors must file a lawsuit and obtain a judgment before they can garnish your wages. Oncea creditor has a judgment, the only way to stop a garnishment is to either agree to payment arrangements which are acceptable to the creditor or file bankruptcy.

Answer Applies to: Colorado
Replied: 10/5/2011

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File a bankruptcy and hire a lawyer.

Answer Applies to: Maryland
Replied: 10/5/2011

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A bankruptcy filing will defintely stop a garnishment, and may even result in the return to you of wages that have already been withheld from your pay. If you can't file for bankruptcy, then a homestead deed can be filed, exempting your garnished wages up to a maximum of $5,000.00.After the homestead deed is filed, you can then file a request with the court where the garnishment is taking place, asking for a hearing on the garninshment.Usually the hearing is scheduled within a relatively short time, normally within a week.At the hearing, you need to show the judge proof that the homestead exemption has been claimed (by showing a copy of the homestead deed that was filed in the circuit court clerk's office in the jurisdiction where you live) - the judge should then dismiss the garnishment. Although the process is fairly straightforward, you may need to use the services of a competent lawyer who knows what he or she is doing.

Answer Applies to: Virginia
Replied: 10/5/2011

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Filing a bankruptcy case is one option. Settling the judgment for a lower amount acceptable to the creditor and paying it is another and working out a payment plan acceptable to the creditor for the amount of the judgment is another. Those are pretty much all the options.

Answer Applies to: California
Replied: 10/5/2011

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You can file a claim of exemption if you cannot afford a wage garnishment. Otherwise, you can file bankruptcy.

Answer Applies to: California
Replied: 10/5/2011

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Two things can stop a garnishment: (1) paying the creditor in full, and (2) bankruptcy. If you are considering (2), see a lawyer.

Answer Applies to: Georgia
Replied: 10/5/2011

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Pay it, or file for bankruptcy. Might be time to take advantage of the free consultation.

Answer Applies to: California
Replied: 10/5/2011

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The only way I know to stop them from garnishing your wages is to file a Chapter 7, 11,13 bankruptcy or quiting your job. Hope it doesn't come to the latter. Good luck!

Answer Applies to: California
Replied: 10/5/2011

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If you file bankruptcy, the garnishment has to stop.

Answer Applies to: Michigan
Replied: 10/5/2011

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The only way to stop a garnishment is to pay the creditor in full, settle with them, or file bankruptcy. If you have other debts, bankruptcy may be your best option. You shouldconsult an experienced bankruptcy attorney to see if you qualify.

Answer Applies to: California
Replied: 10/5/2011

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File for bankruptcy.

Answer Applies to: California
Replied: 10/5/2011

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Unfortunately, you can't stop the garnishment unless you file for bankruptcy. If you don't need to file bk, you might try to ask if they would be willing to take less money. If they won't do that, then you can request a hearing asking the judge to reduce the amount that is taken from your paycheck.

Answer Applies to: California
Replied: 10/5/2011

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Creditors can garnish up to 25% of your wages but only after they get a judgment. If you are served with a summons and complaint, be sure to answer, otherwise, it will proceed very quickly to a default judgment. In most instances, if you file bankruptcy, creditors will not be able to proceed against you.

Answer Applies to: California
Replied: 10/5/2011

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You could pay the debt. If that is not possible, then file bankruptcy. Bankruptcy will stop any garnishments, protect you from future garnishments, and help you rebuild your credit. While most people don't want to file, it's usually the best solution.

Answer Applies to: Colorado
Replied: 10/5/2011

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File for Bankruptcy.

Answer Applies to: Washington
Replied: 10/5/2011

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