This guide provides an overview on garnishment law and how a person can stop a garnishment. Topics covered include general information and restrictions on garnishments of wages and bank accounts, as well as alternatives for stopping enforcement of a garnishment order.
Arkansas USLegal Guide on How to Stop Garnishment
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Depending on your situation, you might be able to partially or fully keep your money. You can also potentially stop most garnishments by filing for bankruptcy.
You can stop a garnishment by: Paying off the debt in full. Filing an objection to the garnishment with the court if you have legal basis, such debt was a result of fraud or identity theft. Filing for court protection and debt resolution through Chapter 13 or Chapter 7 bankruptcy.
States that prohibit wage garnishment for consumer debt: North Carolina. Pennsylvania. South Carolina. Texas.
Dear Sir/Madam, I am writing to request that you stop the wage garnishment that is currently being imposed on me. I am unable to make the payments at this time due to [insert reason, such as financial hardship]. I have attached documentation that supports my claim.
If the debt is still with the original lender or creditor and they've already won a wage garnishment court order, it may be difficult to negotiate a payment plan, but it's still worth asking. Call the creditor and explain your situation. Ask if there are options to get on a payment plan that you can afford.
If you can qualify for one, a debt consolidation loan can be a viable option to stop wage garnishment, since it would provide a lump sum of cash that you could use to pay off your debt.
Under Arkansas law, if you're a mechanic or laborer you can exempt the first 60 days of your wages as long as it's less than the personal property exemption. That personal property exemption is $500 if you're married or head of household. Otherwise, the exemption is $200.