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5 Ways to Stop a Garnishment Pay Off the Debt. If your financial situation is dire, paying off the debt may not be an option. Work With Your Creditor. Find a Credit Counselor. Challenge the Garnishment. File a Claim of Exemption. File for Bankruptcy.
How many months can you be garnished?
Some garnishments can run for 60 days, while others last for 20 years. However, the collector may only receive their money until when the debt is paid off. If the garnishment period ends before clearing the debt, the collector can have it renewed.
What does continuing garnishment mean?
A writ of continuing garnishment serves as a lien and continuing levy against the nonexempt earnings of the judgment debtor, until such time earnings are no longer due; the underlying judgment is vacated, modified or satisfied in full; or the writ is dismissed.
How do I stop an active garnishment?
Once there is a garnishment, you cant get out of it without going back to court. The only thing that might do is reduce the pay day deduction due to financial strain. The only way to stop the garnishment altogether is to pay off the debt.
What does stay of garnishment mean?
At its core, the automatic stay prevents further collection of nearly all of your debts. Some rare exceptions include restitution and criminal fines as well as most spousal and child support as they are considered priority debts and are unaffected by bankruptcy filings.
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Response: You need to file an appeal from the Judgment and ask the Court to Vacate the Wage Garnishment. You need to also ask the Court to stay the Wage Garnishment Order pending the appeal. If the Court stays the Order, the Wage Garnishment would be suspended pending the outcome of your appeal.
Related links
28 U.S. Code 3205 - Garnishment - Cornell Law School
A court may issue simultaneous separate writs of garnishment to several garnishees. A writ of garnishment issued under this subsection shall be continuing and
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