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.
Kentucky USLegal Guide on How to Stop Garnishment
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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.
While states are free to impose stricter limits, Kentucky's law is the same as federal law. On a weekly basis, the garnishment can't exceed the lesser of: 25% of your disposable earnings for that week, or. the amount by which your disposable earnings for that week surpasses 30 times the federal minimum hourly wage.
For example, Social Security benefits, workers' compensation benefits, retirement income, and unemployment benefits can't be garnished by most creditors. Any alimony or child support payments that you receive will also generally be treated asexempt from garnishment, just as they would be if you filed for bankruptcy.
A Kentucky non-wage garnishment gives your creditor permission to directly tap into your bank account, which means that they can take some or all of the money in your account. Imagine having a couple thousand dollars in your checking account, and waking up one day to find out that all of it is gone.
How to Stop Wage Garnishment in Kentucky? Pay the Debt and Avoid the Suit. ... Respond to the Creditor's Demand Letter. ... Seek State-Specific Remedies. ... Get Debt Counseling. ... Object to the Garnishment. ... Attend the Objection Hearing and Negotiate If Necessary. ... Appeal to the Court in Kentucky. ... Continue Negotiating.
An employee paid every other week has disposable earnings of $500 for the first week and $80 for the second week of the pay period, for a total of $580. In a biweekly pay period, when disposable earnings are at or above $580 for the pay period, 25% may be garnished; $145.00 (25% × $580) may be garnished.
How to Stop Wage Garnishment in Kentucky? Pay the Debt and Avoid the Suit. ... Respond to the Creditor's Demand Letter. ... Seek State-Specific Remedies. ... Get Debt Counseling. ... Object to the Garnishment. ... Attend the Objection Hearing and Negotiate If Necessary. ... Appeal to the Court in Kentucky. ... Continue Negotiating.