This guide provides an overview on garnishment law and how a person can stop a garnishment. Topics covered include general information and restrictions on garnishments of wages and bank accounts, as well as alternatives for stopping enforcement of a garnishment order.
Arizona USLegal Guide on How to Stop Garnishment
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Up to 25% of Wages Are Garnished Until Debt is Repaid Wage garnishment in Arizona is limited in ance with the federal Consumer Credit Protection Act (CCPA). This means that garnishees may withhold no more than 25%* of your non-exempt disposable earnings to be paid to a single judgment creditor.
Dear Sir/Madam, I am writing to request that you stop the wage garnishment that is currently being imposed on me. I am unable to make the payments at this time due to [insert reason, such as financial hardship]. I have attached documentation that supports my claim.
Under Arizona law, on a weekly basis, the garnishment can't exceed the lesser of: 10% of your disposable earnings for that week or. the amount by which your disposable earnings for that week surpass 60 times the applicable minimum hourly wage.
If after December 5, 2022, then the new law which only allows for 10% garnishment is in place. The employer should look at the garnishment package to see when the judgment was effective as that will dictate whether 25% or 10% of the employee's non-exempt disposable earnings can be garnished.
Complaints, summons, and judgments should alert you that legal action has been taken against you. File a motion to set aside judgment: Challenging the judgment is a valid way to stop the garnishment if you did not know there was a judgment against you.
How do I stop a garnishment? Option 1: Don't allow a judgment to be entered against you. Option 2: Challenge the judgment. Option 3: Don't expose assets to garnishment. Option 4: Reduce the amount that is being garnished (wage garnishments only) Option 5: Settlement. Option 6: Bankruptcy.
How do I stop a garnishment? Option 1: Don't allow a judgment to be entered against you. Option 2: Challenge the judgment. Option 3: Don't expose assets to garnishment. Option 4: Reduce the amount that is being garnished (wage garnishments only) Option 5: Settlement. Option 6: Bankruptcy.
Property may be subject to garnishment, but not all property can be garnished; some property is protected (see A.R.S. Title 33, Chapter 8). For example, a judgment creditor who garnishes a bank account may only take the money that is in the account on the day the Writ of Garnishment is served on the bank.
