Is it possible to stop garnishment?

Submitted by Anonymous (not verified) on Wed, 07/01/2009 - 04:37

My employer received court orders that have a garnishment notice. But I have never received any court orders, no phone call nothing. Though I don't deny I defaulted on credit card payments. But they did not even give me an opportunity to pay back. Garnishment begins in the next 30 days. Is there any way I can stop garnishment?

Hi jnnd,

A creditor cannot garnish your wages without a court order. I think you should go to the court which passed the garnishment order. The court clerk will be able to provide you with the papers related to the judgment. If you feel you did not receive the court summons, you can file a motion to vacate judgment. Filing for motion to vacate judgment will temporarily stop garnishment.

You will have to fill out a form and pay a fees. You will be given a date (your creditor will also be informed), when your case will be heard. If the judgment goes in your favor, the case will be dismissed and the court will give you a document as proof of the same. Garnishment of your wages will also stop, if you win the case.

Wed, 07/01/2009 - 08:36 Permalink
Anonymous (not verified)

Yes, this is possible. Garnishment can be stopped if you talk to your creditors directly. Do not ignore any letters or phone calls of your creditors; take time off to talk with them directly or through their lawyer for an amicable settlement of the debt. However, a person need to come to an agreement with your creditor before he files for a garnishment.

Wed, 07/01/2009 - 10:52 Permalink
William (not verified)

My employer has recieved a writ of garnishment. I have obtained a form from the court of where the writ of garnisment came from in littleton,CO. The form has the words "motion to" and than a line where I can fill in what I want to motion. To re-issue the garnishment, what should I fill in on the line after the words "motion to"?

Tue, 10/20/2009 - 03:40 Permalink
my garnishment… (not verified)

I had garnishment for credit card debt. it stopped after paying almost half of it. wondering why

Tue, 04/13/2010 - 22:15 Permalink
rhonda (not verified)

my garnishment for credit card stopped after paying almost half. wondering why it stopped

Tue, 04/13/2010 - 22:17 Permalink


Pull a copy of your credit report, and check the status of your account. Check whether or not the account is listed as "Settled" or "Judgment satisfied".



Fri, 04/16/2010 - 12:15 Permalink
brian (not verified)

my work received garnishment papers if I file a motion to vacate judgment can I call creditors and make offer?

Tue, 08/10/2010 - 18:34 Permalink

Hi brian,

if I file a motion to vacate judgment can I call creditors and make offer?

Can I know on what basis you are going to file the motion to vacate the judgment? Did not you receive any notice regarding the lawsuit?

You have mentioned that you are going to make an offer to the creditor. So, is it a settlement offer? If it is then yes you can make the settlement offer. However, whether or not the creditor will agree to your offer is upto the creditor.



Wed, 08/11/2010 - 09:54 Permalink
lala08 (not verified)

I received a summons stating that the creditor was filing a lawsuit against me and that I had 30 days to contact the lawyer or a court date would be set. I contacted the lawyer who gave me three options to pay. I never received any paperwork from them stating our agreement and therefore did not pay. Now I have received a notice stating that there has been a judgement against me which will garnish my wages for 25% of my take home pay. My question is: are they allowed to get a judgement against me without my knowledge of a court date? And also, is there anything I can do to stop the garnishment? What is my next step? According to the documents, I can file a traverse but I have no idea what that is.

Tue, 08/17/2010 - 12:41 Permalink

Hi lala,

You should have answered to the summons. Even if you settle with your creditor you are supposed to answer to the summons if you receive one. Moreover, you didn't even get a settlement agreement.

My question is: are they allowed to get a judgement against me without my knowledge of a court date?

You were served the summons. Thus, you are supposed to know about the court date. The court won't know that you had a verbal settlement with the creditor.

According to the documents, I can file a traverse but I have no idea what that is.

You can file a traverse to dissolve the garnishment. But you will have to give valid reasons for this. I think you should consult an attorney.



Wed, 08/18/2010 - 07:52 Permalink
rmariano (not verified)


Tue, 01/11/2011 - 04:23 Permalink
Mrs. Lee (not verified)

I received a judgement for garnishment of wages due to unpaid credit cards and unpaid college loans. Can they garnish my unemployment check?

Fri, 03/25/2011 - 19:14 Permalink
senia (not verified)

I have a credit card debt I tried to come to a payment agreement with my creditors and I could not. A Law firm now is handling this debt and they basically want the full amount . I received the garnishment letter from the payroll dept. 25% which is $300 a month my take home pay is 1,200.00 a month which will leave me short.what other options to I have since they did'nt want to take $5000 as a pay off. Would filing a Traverse make a difference at this point.

Wed, 11/16/2011 - 22:50 Permalink
Muhammed (not verified)

HOA has did the garnishment on my A/c for $9000
This funds came from wire transfer to my a/c and belongs to a company out side the
country and I have to buy the goods for them and I was making 2 % commission
I am on disability since Jan 3 2009 ( 3 years ) and I have all the proves of workers comm. pay stub for 2 years and than one year state disability.
All 3 years disability payment has over in Oct 2011 and know since last 3 months I have not received any funds from any where.So no income at all.
Hoa was on a Land , I bought it 5 years before and now I am not paying there mortgage's also plus the vale of the land is also not even $9000
Now what should I write in the Traverse Garnishment ?

Sat, 02/18/2012 - 21:01 Permalink
Jimmy (not verified)

province went in, cleared out my account without notice.. is this legal

Wed, 08/08/2012 - 23:16 Permalink


Mon, 01/07/2013 - 21:26 Permalink
leeanne (not verified)

is it possible to stop a garnish order , my employer says i should rather arrange for a stop order.

Wed, 01/30/2013 - 11:54 Permalink
Anna Job (not verified)

On Nov 28th 2012 was the judgement order that time I was out of country.I could 'nt attend the court.Jan 10th 2013 I received the judgement order,I responded to stop garnishment because of wage excemption. Court denied my request and the creditor allowed to take 15 % of my wage bi weekly.I have 3 minor children and unemployed husband.The minor daughter had braces,after 18 months of treatment by the creditor with no improvement.Had to find another ortho dontist with new treatment plan.Only one income to live.What should I do next.

Sat, 03/30/2013 - 16:55 Permalink
Gerry Whitfield (not verified)

It seems that you were not properly served. In that case, you can appeal to the court and request them to vacate the judgment.

Mon, 04/01/2013 - 04:22 Permalink
frustratedatgo… (not verified)

I have outstanding student loans, that Sallie Mae refused to work with me after me being unemployed for 6 years! They forced me to default, I have never, ever once received any summons for court, any court papers just constant phone calls, threats, wage garnishment threats, now after finally finding full time work, they are calling my work (which last I checked was illegal), threatening to garnish my wages again. Once again, this is the first I have heard, with a new debt collector - still zero court papers - nothing! Each time I try to call to make arrangements to pay - they continue to try to collect on a loan that is about 200k - mind you my student loans were 46k. I can't even afford to fix my breaking car how am I suppose to handle a "suppose wage garnishment" that still has never produced a court order/summon/date, anything. What can I do?

Mon, 12/02/2013 - 21:31 Permalink
pb (not verified)

My ex husband was responsible for a debt in the divorce which he did not pay so ccourt papers were sent to his address for me in which i was never notified and i look up and my wages are reduced 25% what can I do to stop this from my next pay.

Thu, 01/16/2014 - 00:10 Permalink