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.
Montana USLegal Guide on How to Stop Garnishment
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If the debt is still with the original lender or creditor and they've already won a wage garnishment court order, it may be difficult to negotiate a payment plan, but it's still worth asking. Call the creditor and explain your situation. Ask if there are options to get on a payment plan that you can afford.
Another way to stop wage garnishment in Montana is by filing bankruptcy. Filing a bankruptcy case triggers the automatic stay, which requires most debt collection tools like garnishment to stop. If the debt is an unsecured debt like a credit card, it can be discharged in bankruptcy.
Act quickly to prevent wage garnishment You can file a Claim of Exemption any time after wage garnishment has started, but you'll only get wages back from the time after you submit the claim. If you act quickly, you can stop it before it even starts. By law, your employer cannot fire you for a single wage garnishment.
Stopping Wage Garnishments You pay the tax owed. The period for collecting your tax debt ended before issuing the levy. You prove that releasing the levy will help you pay your taxes. You enter into an installment agreement whose terms don't allow for the levy to continue.
Garnishment Wages may be garnished and bank accounts may be levied in Montana. The judgment creditor must make sure that the process server provides a notice of seizure to the debtor, which contains a list of exemptions and explains the court process for requesting an exemption.
Summary: Montana has laws in place to limit how much of your wages can be garnished. For garnishments by debtors, no more than 25% of your disposable income can be garnished. For child support, that amount increases to 25% of your total income.
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.