I would like to know how can I stop garnishment on my paycheck?

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I would like to know how can I stop garnishment on my paycheck?

The issue is I have a bill that was brought by a debt collector. I have paid them several times although I requested proof of the payment. However, they usually send a letter from the courts saying that I have a judgment and they are charging me 9% interest. Even when I was laid off they harassed me and told me if I did not pay they would have to garnish my unemployment funds. Presently I am facing a little financial set back and did not a make any payment since July. I asked if they can allow me to pay at least $125 for 3months until I can get stable, they said they prefer garnishment.

Asked on October 16, 2010 under Bankruptcy Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the creditor has a judgment in their favor and a court order allowing them to garnish your wages, you really can't stop them garnishing wages. Your frustration is understandable; however, under the law, a creditor (or their collections agency, on their behalf) is not required to accept anything less than payment in full for the debt when it is due. If you cannot pay the debt, they do not have to work with you; they may instead continue to pursue any recoupment options available to them, such as garnishment. You can try to work something out with them, but they do not have to accept any payment plans or proposals. If you are deeply in debt and do not anticipate being able to dig you way out in a reasonable time, you may wish to consider filing for bankruptcy as an option. Good luck.


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