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Garnishment is a proceeding by a creditor (a person or entity to whom money is owed) to collect a debt by taking the property or assets of a debtor (a person who owes money). Wage garnishment is a court procedure where a court orders a debtor's employer to hold the debtor's earnings in order to pay a creditor.
In most states, employers answer a writ of garnishment by filling out the paperwork attached to the judgment and returning it to the creditor or the creditor's attorney.
Respond to the Creditor's Demand Letter. Seek State-Specific Remedies. Get Debt Counseling. Object to the Garnishment. Attend the Objection Hearing (and Negotiate if Necessary) Challenge the Underlying Judgment. Continue Negotiating.
The court order is called a garnishment. What's important to know is that federal benefits ordinarily are exempt from garnishment. That means you should be able to protect your federal funds from being taken by your creditors, although you might have to go to court to do so.
Section 15062 - Notice of Exemption (a) When a public agency decides that a project is exempt from CEQA pursuant to Section 15061, and the public agency approves or determines to carry out the project, the agency may, file a notice of exemption. The notice shall be filed, if at all, after approval of the project.
If it's already started, you can try to challenge the judgment or negotiate with the creditor. But, they're in the driver's seat, and if they don't allow you to stop a garnishment by agreeing to make voluntary payments, you can't really force them to. You can, however, stop the garnishment by filing a bankruptcy case.
Unpaid income taxes. court-ordered child support. owed child support (arrears) defaulted student loans.
If you are served with a garnishment summons, do not ignore these documents because they do not directly involve a debt that you owe. Instead, you should immediately freeze any payments to the debtor, retain the necessary property, and provide the required written disclosure.