PRACTICE AREAS
GARNISHMENT REVERSAL AND RELIEF
Scenario 1: It’s payday. You eagerly check your bank balance, expecting hundreds or thousands, but it reads ZERO.
Scenario 2: You open your paycheck, only to find it’s 25% less than usual.
Are you a fraud victim? Has your account been hacked? No, it’s legal garnishment, wiping out your funds.
Legal garnishment doesn’t just drain your account; it slashes your paycheck by up to 25% each time until the judgment is paid.
When clients come to my office seeking to undo a legal garnishment, I respond with a “maybe” and delve into specific inquiries to gauge the likelihood. Here are scenarios where garnishment could be fully or partially reversed:
- If the garnished funds are Social Security, Disability, or Veterans’ benefits.
- If the funds are from Unemployment or Workers’ Compensation.
- If the garnished wages belong to the “head of household.”
- If the judgment behind the garnishment can be vacated.
- If negotiation can reduce the garnishment amount.
These are just a few examples; many fall under “claims of exemption.” Filing for exemption within 20 days of garnishment notice triggers a hearing, halting garnishment if the court approves. Successful claims result in seized funds being returned.
Voiding the original default judgment is more complex and involves challenging how the debt collector obtained it. Alongside exploring exemptions, I investigate if the judgment was improperly acquired and could be voided through a motion for relief. This not only ends garnishment and returns money but dismisses the judgment, offering a chance to clear the debt entirely. A local consumer attorney can review the original judgment for procedural errors (e.g., improper notice, FDCPA violation).
PLEASE KEEP THESE TWO THINGS IN MIND:
Even if you’re eligible for exemption or other relief, your wages will still be garnished and held in an escrow account until the hearing. (*Note: Requesting a hearing through the judge’s assistant can expedite the process and potentially secure a more convenient date).
Following the hearing, you’ll need to wait for the plaintiff (the Debt collector) to finalize the steps to return your money. (Alternatively, presenting a proposed order at the hearing can significantly expedite the process).
A local attorney seasoned in halting or reversing garnishment should guide you through each stage of stopping or dissolving a legal garnishment by:
- Reviewing your case for potential exemptions or other relief.
- Representing you during the hearing.
- Facilitating the expedited return of funds if your case prevails.
- Negotiating improved terms if exemptions aren’t applicable.