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A.J., Employment Lawyer
Category: Employment Law
Satisfied Customers: 4300
Experience:  Licensed to practice law, I have experience in Employment, Appeals, and Landlord/Tenant Law
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can a garnishment be stopped after is is started and if yes

Resolved Question:

can a garnishment be stopped after is is started and if yes how?
Submitted: 7 years ago.
Category: Employment Law
Expert:  A.J. replied 7 years ago.
Hello and thank you for contacting the just answer team.

Just a few quick questions to get us started.

(1) What state do you live/work in?

(2) What is the wage garnishment for?

Customer: replied 7 years ago.
i live in highridge, mo. i work in arnold, mo. th garnishment is for an old credit card bill. we haggled over they wanted more than i could give them and then i didnt hear anything from them until i got the letter informing me they were going to garnish my wages and then this payday they did they take 25% before taxes so it doesnt leave alot.
Expert:  A.J. replied 7 years ago.
Ok, thank you for the extra information.

It is possible, but very difficult, to stop a wage garnishment of this type once the creditor (the credit card company) has received a writ of garnishment in court, which they had to do prior to your employer garnishing your wages. Once a writ of garnishment has been issued, your employer has no choice but to follow the instructions in the court order, so you may instead take the following course.

You may file a "claim of exception" with the court that ordered the garnishment. In order to gain such an exception, you will need to be able to demonstrate that, because of the garnishment, you will be unable to meet your daily needs. Although money is probably tight already because of the garnishment, you would be best served by finding an attorney experienced in wage law to assist you with such a filing.

Another option, although it should be a measure of last resort, is to file for bankruptcy, as this would free you from creditor obligation.

I hope this helps, even if it isn't the news you were hoping for. If you have any further questions, please do not hesitate to ask. If I have answered your question, please remember to click the green ACCEPT button so that I can receive credit and payment for my work.

Take care
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