How can wage garnishment be reversed
Friday, May 21st, 2010
How can wage garnishment be reversed
Wage garnishment is the order from a court to a debtor who denies paying the creditor. This is the last resort sought by a creditor. The creditor tries all his attempts in collecting his debts from the debtor, but when the debtor totally ignores or denies the creditor, the creditor takes the help of the court. The court then intervenes and passes a writ order for wage garnishment. Wage garnishment is an amount to be deducted from the debtor’s salary. This writ order will be given to the employer and he will reduce it from the debtor’s salary, who is his employee, and pay it to the creditor. Wage garnishment once passed is difficult to be reversed. However, the CCPA forbids an employer from sacking an employee who is subjected to wage garnishment from his earnings for a debt. The Act does not restrict any discharge of the employee’s earnings to be garnished for two or more debts. It is advisable to avoid any wage levy at all costs. If you want the wage garnishment to be stopped, you must communicate with the creditor and arrange for alternative payments before he is forced to sue you. In case you are already sued then without wasting any further time contacting the creditor is ideal. In certain circumstances, you can request for a levy to be reversed by claiming for an exemption. In evidence to this you have to produce the details stating that meeting your regular living expenses will be difficult, if levied. A garnishment affects the take home pay and bank accounts. Your credit is totally murdered. Here a person is forced to think about reversing the wage garnishment. The seriousness in wage garnishment is that if a writ of garnishment is awarded, it is a daunting task to undo it, but it not an impossible task. This can be reversed if the garnishment is consuming the whole of your living expenses. With regard to this you should produce proper evidences of your income proof, monthly living expenses such as rent or mortgage payments, groceries, utilities, etc. This should be convincing enough to the judge to keep the writ garnishment aside. As a debtor, you should take initiative and arrange a meeting with your creditor before your employer receives the garnishee summons. Another option for stopping the wage garnishment is by producing your personal bankruptcy statement. Generally, a consumer proposal or otherwise a personal bankruptcy is enough to stop the wage garnishment activities. You should take a quick step and approach the law to help you from wage garnishment crisis.