How to avoid a Writ of Wage Garnishment

A writ of garnishment is an order granted by a court to the creditor ordering an employer to garnish the wages of the defendant by X amount each paycheck.  Such a writ is only granted when the creditor has filled out a suit in order to recover his debt and judgment was given in his favor. It is granted only after a judgment, as every American is guaranteed the right to due process.  So, unless your creditor has sued you and won, there is no need to worry about your employer receiving such a writ.

In a writ of garnishment the amount to be garnished from a person’s paycheck is mentioned and it also provides instructions as to where the amount taken from the paycheck should be sent.  If your employer receives a writ of garnishment, he has to act accordingly whether he is willing to do it or not he has to do whatever he has been asked to do as he has no choice .If he refuses the writ orders he could face serious legal trouble himself as he is disobeying the order of a court of law. Therefore, requesting with your employer to ignore the writ and advising him not to garnish your wages is not going to work.

Method to Avoid Wage Garnishment

The best way to avoid your wages to be garnished is to avoid being sued before the creditor fills out a suit against you. So many consumers try to hide themselves from creditors and avoid them by ignoring their correspondence and phone calls they can’t pay their debt. This is absolutely your worst attitude towards your creditor. This might makes your creditor offended from you.

It is better that you just contact your creditors, tell them why you can’t repay your debt, offer a reduced monthly payment and keep them informed of your financial progress. I assure you that this would be much more effective way to handle your debt problems and avoid writs of garnishment. So if you deal openly and honestly with your creditors without lying with them, they might also understand your problems and would give you some relief, so now you won’t jump every time the phone rings or lay awake at night worrying how to get rid of writ of garnishment.

Creditors spend a fortune on collection costs and always try to avoid lawsuits; therefore, it is in favor of both you and your creditor to settle your disputes by communicating and working out an alternate repayment plan or negotiated settlement to keep you away from being sued by your creditor.

Related Links

• Judgment Order
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• What do you understand by Tax Lien?
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